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(Adopted from the San Beda College Of Law 2012 Central Bar Operations Reviewer)
What are the facts of the case? What law applies to the factual situation? How does the law apply in relation to the
facts of the case? What does jurisprudence say in cases of
similar nature?
Legally significant facts that raise the question of what law governs the dispute, and how the law applies to the factual setting
Test: If the fact is changed or removed, will the situation or likely outcome of the case change significantly?
RELEVANT ISSUE: Those when resolved determine the outcome of the legal dispute
LEGAL QUESTION: The question concerning the application of law to the facts of the dispute
Heading and introduction
State purpose of the opinion and issue to be answered
What legal questions will you answer?
Dear Mr. Juan De la Cruz,
You request our legal opinion on whether you can collect yourseparation pay, unpaid wages and other unpaid benefits from ABCCorporation (ABC) after the latter acquired all the assets andbusiness of your former employer XYZ Company, Inc. (XYZ), whichhas since closed down.
Brief answer
To remove preset opinions
To guide the client as to what to expect
We believe there is sufficient ground to conclude that the sale of allassets and business of XYZ to ABC is not in good faith, and ABCmust assume all the liabilities of XYZ including the obligation to payyour separation pay, unpaid wages and other unpaid benefits.
Statement of facts
State all relevant facts, whether favorable or unfavorable
You inform us that XYZ is a Philippine company in the business ofmaking furniture for export. Your employment records show that youwere a painter at XYZ’s finishing section for 18 years, when youremployment was terminated on March 3, 2011, allegedly because yourservices were no longer needed after XYZ acquired an automaticpainting machine. Your dismissal was found to be unlawful by theNational Labor Relations Commission in a Decision dated January 17,2009, but pending its execution, all the business and assets of XYZwere sold to and acquired by ABC.
Discussion
Analysis of applicable law and how it applies to relevant facts
Legal opinion is not the advocate’s pleading –client must know entire picture; opinion must be balanced and complete
Conclusion
Answer to the legal problem – advocate states position
Brief answer at the start of the opinion explained fully
Based on the foregoing, it is our opinion that ABC Corporationshould be held liable to pay your separation pay, unpaid wages andother benefits as successor-in-interest of XYZ Company, Inc.
Recommendation
Solution/remedies – “what should client do?”
Should help client understand his/her legal situation
It is our further advice that you file the labor case where youobtained a favorable judgment a motion for the execution of thejudgment to be enforced by levy by the sheriff on such assets andproperties transferred by XYZ to ABC as may be sufficient to paythe judgment in your favor. These properties may be sold onauction and the proceeds of any sale paid to satisfy your claims.
Dan Kevin Castro Mandocdoc (8 August 2013)Modified by Maria Patricia Cervantes-Poco (3 July 2014)
Avoid plagiarizing another’s work Aid the future researcher find one’s sources Provide evidence for one’s argument
Not an overnight thing Complete the citation details while writing
the body
Primary authorities Secondary authorities
Books
Journal articles
Theses
News clips
Reliable websites
Ateneo Law School
Footnotes
▪ ALJ Legal Citation Guide
▪ The Bluebook
Bibliography
General rules:
Footnotes = sentences
Accuracy
Subsequent citations
Block quote v. “direct quote” v. paraphrasing Footnote reference placement
After the punctuation mark/quotation mark
Philippine Constitution:
PHIL. CONST. art. ___, § ___, ¶ ___.
Note:Always cite the Constitution in full.
1. PHIL. CONST. art. II, § 3.2. PHIL. CONST. art. II, § 3.
Codes/Statutes:
Full Title, [Short Title], Statute Number,subdivisions, (year).
3. An Act to Ordain and Institute the Civil Code of the Philippines [CIVIL CODE], Republic Act No. 386, art. 21 (1950).
Subsequent citations:
Short Title, subdivisions.
4. PHIL. CONST. art. I.5. CIVIL CODE, art. 3.6. Id. art. 207.
Supreme Court Decisions:
Case Title, volume number SCRA/SCAD/Phil.first page, cited page (year).
7. Caguioa v. Magtoto, 436 SCRA 3, 41 (2007).
Subsequent citations:
First Party, volume number SCRA/SCAD/Phil.at cited page.
8. Caguioa, 436 SCRA at 54.9. Id. 10.Id. at 52.
Separate opinions
Cite like an ordinary case (J. Surname of Justice, separate/concurring/dissenting opinion).
11.Pabilane v. Magtoto, 436 SCRA 30, 41 (2007) (J. Sta. Maria, dissenting opinion).
12.Id. at 59 (J. Candelaria, concurring opinion).
Books with Single Author
AUTHOR, TITLE cited page (year of publication or edition number year of publication).
13.FLORENZ D. REGALADO, CRIMINAL LAW
CONSPECTUS 45 (4th ed. 2009).14.Id. at 342.
Books with Multiple Authors
AUTHOR 1 & AUTHOR 2 OR AUTHOR 1, ET AL.,TITLE cited page (year of publication or edition number year of publication).
15.JOSE C. VITUG & ERNESTO D. ACOSTA, TAX
LAW AND JURISPRUDENCE 89 (3d ed. 2006).
Subsequent Citations
SURNAME OF AUTHOR(S), supra note footnote, at page being cited.
16.REGALADO, supra note 13, at 13.17.VITUG & ACOSTA, supra note 15, at 432.
Consecutively Paginated Journals
Author, Title of the Article, volume number JOURNAL first page, cited page (year).
18. Ryan Jeremiah D. Quan, Revisiting the Element of Exploitation in the Definition of Trafficking in Persons in Republic Act
No. 9208, 57 ATENEO L.J. 402, 405 (2012). 19.Id. at 408.
Unpublished Theses
Author, Title of the Article, at page number (date) (description, institution that awarded the degree) (source).
20. Jose P. Tejada Jr., A Critique of the Jurisprudence on the Matter of Supreme Court’s Administrative Supervision, at 11 (2002)
(unpublished J.D. thesis, Ateneo de Manila University) (on file with the Professional
Schools Library, Ateneo de Manila University).
Websites
Author, Title of the Article, available at URL (last accessed date).
21. United Nations Office of the High Commissioner for Human Rights, What are human rights?, available at http://www.ohcch.or/en/issues/Pages/WhatareHumanRights.aspx (last accessed June 26, 2012).
News Articles Online
Author (if available), Headline, NEWSPAPER, date of publication, available at URL (last accessed date).
22. Maila Ager, Tupas on disclosure of evidence: What’s wrong?, PHIL. DAILY INQ., Jan. 4, 2012, available at http://newsinfo.inquirer. net/122301/tupas-on-disclosure-of -evidence-what’s-wrong (last accessed June 26, 2012).
Subsequent Citations
23. Quan, supra note 18, at 430.24. Tejada Jr., surpa note 20, at 35.25. Ager, supra note 22.
Double citations
“the text is citing another text”
Follow this: X (citing Y).
26. Quan, supra note 18, at 435 (citing PHIL. CONST. art. I).
27. Go v. Perez, 123 SCRA 45, 63 (1987) (citingRuiz v. Cruz, 4 Phil. 23, 45 (1930).
Other uses of footnotes: Explanations The use of footnotes for explanations makes the work
more focused and cohesive.
Has the Philippines successfully transitioned from its Marcosian28 past?
28.The Proponent uses the term “Marcosian” to refer to the massive violations of civil and political rights and the economic plunder committed by those in public office during the time of Marcos.
Other uses of footnotes: Indirect Citations
Introductory signals
▪ Convey the relation between the text and the authority cited in the footnote text
▪ May signify support, comparison, or divergence.
▪ Italicized for emphasis.
Introductory Signals
Support
▪ See
▪ See, e.g.,
▪ See generally
Introductory Signals
Comparison
▪ Compare ____ with _____.
▪ Contrast ____ with _____.
Introductory Signals
Divergence
▪ Contra
▪ But see
Tip: Use introductory signals to make your thesis more scholarly.
The use of introductory signals gives the impression that you conducted a thorough research
It also gives makes your thesis more holistic
The Bibliography is the summary of the sources you used during your research
It must be organized based on these:
Grouping
Clustering
Sequencing
Grouping
First Part: Primary Authorities
Second Part: Secondary Authorities
Clustering
Organize sources of the same class together
Example: All books must be listed together.
Grouping + Clustering
I. Primary AuthoritiesA. Constitution
B. Statutes
C. Cases
II. Secondary AuthoritiesA. Books
B. Journals
C. Internet Sources
Sequencing For primary sources:▪ Constitution – based on year of effectivity
▪ Statutes – based on class (BP, PD, RA)▪ Then, based on year of effectivity
▪ If same year, based on BP/PD/RA number.
▪ Format: ALJ Bluebook (same with footnotes)
▪ Cases – based on level of court (SC, CA, RTC)▪ Then, alphabetically
▪ Format: ALJ Bluebook
▪ Treaties, UN Documents, etc. – follow rule on statutes.
SequencingI. Primary AuthoritiesA. Constitution
1973 PHIL. CONST.1987 PHIL. CONST.
B. StatutesBatas PambasaPresidential DecreesRepublic Acts
C. JurisprudenceSupreme CourtCourt of Appeals
Sequencing
For secondary sources: Turabian▪ Surname first
▪ Alphabetical