FUNDAMENTALS OF DECISION WRITING FOR JUDGES - Supreme Court E-Library

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A recent poll of judges nationwide conducted by the Philippine Judicial Academy (PHILJA) confirmed the general impression that writing judgments is a major challenge to judges’ scholarship and competence. While the findings are not earth-shattering, they have serious implications for the administration of justice in the Philippines. With over 800, 000 cases backlogged in over 2, 000 trial and second instance courts in 13 judicial regions, it is safe to conclude that part of the delay in resolving cases is the inability of many judges to promptly draft and promulgate judgments that conform to rules and legal requirements. There is clearly an urgent need to improve judges’ judgment writing skills, for our judges are highly intelligent people with extensive legal experience who are committed to delivering justice.

The purpose of this instructional handbook is to introduce judges nationwide, especially newly appointed judges, to the “basics” – the ABCs of good judicial writing – on how to write judgments and orders as accurately, concisely, and clearly as possible, given the constraints of time, facilities, and resources.

While we judges are generally self-sufficient in matters of style, form, and substance, it is the explanation of established facts and applicable law that usually poses difficulties in organizing arguments and counterarguments, the so-called “architecture,” where various procedural and evidentiary issues may come to the fore in determining the length of a judgment. Longer is not always better. It is interesting that the first judgment of our Supreme Court, In re Aguas (1 Phil . 1), is one page long!

All the guidelines and suggested techniques which follow are taken from published and unpublished materials prepared by eminent authorities on decision writing, most of whom are judges and magistrates themselves. We hereby formally acknowledge their contributions in the development and preparation of this handbook, Fundamentals of Decision Writing for Judges. We hope that this handbook will be of use to judges and, in turn, law and order in our country will be maintained by well-thought-out and equally well-written decisions.

Chapter 2

Constitutional Standards and Rules of Court

It goes without saying that every decision, order or opinion of the Court must conform to what the Constitution and Rules of Court require as a minimum standard for the parties and litigants to find it valid and binding in the adjudication of their rights and obligations.

A. Elements of the Standards

1. Theory/Definition of Facts

A decision must state the essential and ultimate facts on which the Court's conclusion is based. A Court of Justice is not bound to state in its decision all the evidence adduced by one party and the other on the issues raised. There is also no obligation to set forth in the verdict or judgment the facts that the parties consider to have been proved. This is merely a part of the mental process by which the court arrives at the essential facts.

a. Findings of Fact

Findings of fact are a written statement of the final facts found by the court that are essential to support its decision and judgment.

A decision falls below the constitutional standard if it tends to generalize and form conclusions without elaborating the facts from which such conclusions are inferred and derived.
Selective findings of fact are permitted because the judge determines from relevant and irrelevant facts and the allegations of the parties what actually happened in the case before him, whether true or not.
There is no provision prohibiting the court from adopting the statement of facts set forth in the parties' briefs or memoranda instead of rewriting them in its own words, so long as it evaluates the evidence presented to it.
Just because the basis of the precedent is not quoted does not mean that the decision is not appropriate.

B. Law

1. Constitutional framework [1]

The format and content of the decision are specified in Article 8, Paragraph 14 of the Constitution:

Article 14 14. Article 14 No decision is made by the court, without clearly and clearly expressing the grounds and laws.

Applications for r e-examination or reconsideration for the court must be rejected or rejected without a legitimate reason, without specifying the legal basis.

According to the ISAGANI A. CRUZ judge, the following is the following. Cruz:

Except for Paragraph 2, which was introduced only to the current Charter, Article 14 has been valid since the 1935 Constitution. The provisions of the 1973 constitution have been changed to positive expressions, but in the 1987 Constitution, they were effectively returned to the original form and applied to all courts, including the city court. The purpose is always the same. In other words, the person who reads the ruling, especially the parties, informs what the court has reached as a result of examining the applicable law, taking into account the related facts. [2]

2. Legal requirements in court rules

1997 Article 36, Paragraph 1 of the Civil Procedure Regulations stipulated as follows:

Paragraph 1 1. Judgment sentenc e-Judgment or confirmation order to determine the case of the incident is directly created by a judge, and the judge signs a clear and clear statement of the facts and laws. It must be submitted to the court clerk.

Article 120, Paragraph 1 to 3 of the 2000 revised criminal litigation rules described as follows:

Paragraph 1 1. Judgment: Definition and For m-Judgment are the court claiming that the accused's prosecuted crime is guilty or innocent, and appropriate penalties and civil liability are imposed on the defendant. If so, it means the levy. The sentence must be written in a formal language, and the judge must be created and signed directly, and the fact that the basis and the statement of the law must be clearly and clearly described. Just because the basis of the basis is not quoted does not mean that the decision is not appropriate.

B. Law

1. Constitutional framework [1]

The format and content of the decision are specified in Article 8, Paragraph 14 of the Constitution:

Article 14 14. Article 14 No decision is made by the court, without clearly and clearly expressing the grounds and laws.

Applications for r e-examination or reconsideration for the court must be rejected or rejected without a legitimate reason, without specifying the legal basis.

According to the ISAGANI A. CRUZ judge, the following is the following. Cruz:

Except for Paragraph 2, which was introduced only to the current Charter, Article 14 has been valid since the 1935 Constitution. The provisions of the 1973 constitution have been changed to positive expressions, but in the 1987 Constitution, they were effectively returned to the original form and applied to all courts, including the city court. The purpose is always the same. In other words, the person who reads the ruling, especially the parties, informs what the court has reached as a result of examining the applicable law, taking into account the related facts. [2]

2. Legal requirements in court rules

1997 Article 36, Paragraph 1 of the Civil Procedure Regulations stipulated as follows:

Paragraph 1 1. Judgment sentenc e-Judgment or confirmation order to determine the case of the incident is directly created by a judge, and the judge signs a clear and clear statement of the facts and laws. It must be submitted to the court clerk.

Article 120, Paragraph 1 to 3 of the 2000 amendment revised criminal litigation rules stated as follows:

Paragraph 1 1. Judgment: Definition and For m-Judgment are the court claiming that the accused's prosecuted crime is guilty or innocent, and appropriate penalties and civil liability are imposed on the defendant. If so, it means the levy. The sentence must be written in a formal language, and the judge must be created and signed directly, and the basis of the facts and the statement of the law must be clearly and clearly described. Just because the basis of the precedent is not quoted does not mean that the decision is not appropriate.

B. Law

1. Constitutional framework [1]

The format and content of the decision are specified in Article 8, Paragraph 14 of the Constitution:

Article 14 14. Article 14 No decision is made by the court, without clearly and clearly expressing the basis and law.

Applications for r e-examination or reconsideration for the court must be rejected or rejected without a legitimate reason, without specifying the legal basis.

According to the ISAGANI A. CRUZ judge, the following is the following. Cruz:

2. Legal requirements in court rules

1997 Article 36, Paragraph 1 of the Civil Procedure Regulations stipulated as follows:

Article 120, Paragraph 1 to 3 of the 2000 amendment revised criminal litigation rules stated as follows:

Paragraph 1 1. Judgment; Definition and For m-Judgment is the court declaring that the defendant is guilty or innocent, and the appropriate punishment and civil liability are imposed on the defendant. If so, it means the levy. The sentence must be written in a formal language, and the judge must be created and signed directly, and the basis of the facts and the statement of the law must be clearly and clearly described.

Securities and Exchange Commission 2. Content of the Judgment - If the verdict is a conviction, the verdict shall state (1) the legal status of the crime constituted by the acts of the defendant and any aggravating or mitigating circumstances involved in its commission, (2) the defendant's participation in the crime, whether as a principal, accomplice, or accessory; (3) the penalty imposed on the defendant; and (4) the civil liability or damages, if any, that the aggrieved party is to recover from the defendant, unless enforcement of the civil liability in a separate civil action has been withheld or waived.

In the case of an acquittal, the verdict shall state whether the prosecution's evidence absolutely failed to prove the guilt of the defendant or merely failed to prove guilt beyond a reasonable doubt. In either case, the verdict shall determine whether there were no acts or omissions that could give rise to civil liability.

Securities and Exchange Commission 3. Judgment for Two or More Crimes - Two in a single complaint or information may be entered into. If more than one crime has been charged and the defendant fails to contest before trial, the court may find the defendant guilty of as many crimes as have been charged and proven, state findings of fact and law separately for each crime, and impose a sentence on the defendant.

It is emphasized that the requirement of a clear statement of facts and law refers to judgments made in ordinary civil or criminal cases after a preliminary presentation of evidence. It does not apply to orders resolving incidental matters. [3]

Chapter 3

Definition of Terms

In dealing with basic concepts of law, it is useful to enumerate legal terms that frequently appear in judicial writings at an early stage so that their application to concrete factual situations can be understood in their proper context. A common understanding of such terms is essential to convey their meaning in dealing with cases and controversies that come before the court.

Quo

A reference to the court before which the case or issue arose. Thus, the term "Court a quo" in an appealed case refers to the lower court whose judgment is being reviewed.

acquittal

A judgment of a court finding the accused not guilty of a crime attributable to him and therefore exempt from prosecution for that crime.

National Law

A sovereign act of government that is not the subject of a lawsuit or action at law.

Cause of Action

A suit naming a specific person as defendant and seeking a personal judgment.

Rem Action

A suit brought against a person's property, estate, or status and seeking a judgment against the whole world.

Subject Matter

The matter or act that is the basis of a "cause of action" or legal action.

Little Case

A dispute involving conflicting legal claims that are capable of judicial resolution, that is "clear and specific, and involves the legal relations of parties with diverse legal interests," and that constitutes a real and substantial controversy for which specific relief may be granted.

Ad Litem

From the Latin, it means "for a particular action." Thus, a guardian ad litem is a guardian appointed to represent a minor or incapacitated person solely for a particular lawsuit.

Adjudicate

The act of a judge to pass judgment, or to decide between two opposing or competing claims, or to uphold or deny a cause of action.

Admission

In evidentiary law, a statement made by a party, either orally or in writing, of the existence of relevant facts important in a judicial proceeding that may weigh against him.

Adverse party

Usually refers to a party in a lawsuit who will be adversely affected by a court decision.

Affidavit

A one-sided written statement of facts personally known or known to the declarant, made under oath before a notary public or other officer authorized to administer oaths.

Affidavit of Abstention

An affidavit submitted under oath by a complainant in a criminal or administrative case to discontinue or deny the complaint, regardless of the reason.

Rebuttal

An allegation of a new matter, which, even if it admits a material allegation in the complainant's answer, nevertheless prevents or prohibits the complainant from recovering.

Alternative name: writ

A writ issued by a court in place of one previously issued or unexecuted.

Allegata et probata

A Latin expression of a doctrine in criminal law. What is alleged in the information or complaint must be proven during the trial.

Alternative Dispute Resolution

Abbreviation, ADR is a procedure used to solve disputes and controversy, except for a judgment by a court judge or government agency, and to help neutral third parties support problems. Participate. This term includes arbitration, arbitration, mediation, early neutral evaluation, mini trial, or the combination of them.

Amikascurier

A "court friend" with a judicial legal knowledge and expertise in order to advise the judge's doubt or needs special support.

Answer letter

An answer book that describes the defendant's defendation for the complaint, which must be submitted within 15 days after the summoning delivery.

Appeal

A rescue procedure to appeal to the Senior Introduction Court for the purpose of destroying or revising the ruling of the lower instance, and calling for a reward.

CertioRari

In general, a prosecution to the Supreme Court, where only legal issues are raised or involved. Note that the Supreme Court's reward is not a matter of rights, but a healthy judicial discretion.

Outlook

A judicial term that indicates that the parties or lawyers will spontaneously dressed in the jurisdiction of the court.

Appellant

Participated in appeal to the senior referee as a dissatisfaction with the ruling of the lower grades.

Appeal

A winner who appeals to a senior court as a dissatisfaction.

Approval or not

"Give the defendant a proper procedure" by informing the defendant inform the defendant the nature and cause of the accused of accused in a formal procedure in criminal prosecution and guilty or innocent.

Incorrect claim

List of specific errors that the lower court claimed to have committed the appeal of the appeal court and the opponent, so that the appellant was intended to destroy the judgment of the ruling.

Attachment

A provisional rescue method that legally stores the property of a disadvantageous party as a collateral that satisfies the ruling that may be collected by the plaintiff at the beginning of the lawsuit or at any time.

Best evidence rules

The rule is that the original of the document itself is the best evidence of the content described in the document. Only when the original cannot be submitted, it can submit secondary evidence or other evidence of the content.

Evidence liability ADR is a procedure used to solve disputes and controversy, except for a judgment by the judge of the court or a government agency, and a neutral third party solves the problem. Participate to support. This term includes arbitration, arbitration, mediation, early neutral evaluation, mini trial, or the combination of them.

Amikascurier

A "court friend" with a judicial legal knowledge and expertise in order to advise the judge's doubt or needs special support.

Answer letter

An answer book that describes the defendant's defendation for the complaint, which must be submitted within 15 days after the summoning delivery.

Appeal

A rescue procedure to appeal to the Senior Introduction Court for the purpose of destroying or revising the ruling of the lower instance, and calling for a reward.

CertioRari

In general, a prosecution to the Supreme Court, where only legal issues are raised or involved. Note that the Supreme Court's reward is not a matter of rights, but a healthy judicial discretion.

Outlook

A judicial term that indicates that the parties or lawyers will spontaneously dressed in the jurisdiction of the court.

Appellant

Participated in appeal to the senior referee as a dissatisfaction with the ruling of the lower grades.

Appeal

A winner who appeals to a senior court as a dissatisfaction.

Approval or not

Incorrect claim

List of specific errors that the lower court claimed to have committed the appeal of the appeal court and the opponent, so that the appellant was intended to destroy the judgment of the ruling.

Attachment

Best evidence rules

ADR is a procedure used to solve disputes and controversy, except for a judgment by a court judge or a government agency, in abbreviation for evidence, and a neutral third party supports the problem solving. It is something to participate. This term includes arbitration, arbitration, mediation, early neutral evaluation, mini trial, or the combination of them.

Amikascurier

A "court friend" with a judicial legal knowledge and expertise in order to advise the judge's doubt or needs special support.

Answer letter

An answer book that describes the defendant's defendation for the complaint, which must be submitted within 15 days after the summoning delivery.

Appeal

A rescue procedure to appeal to the Senior Introduction Court for the purpose of destroying or revising the ruling of the lower instance, and calling for a reward.

CertioRari

In general, a prosecution to the Supreme Court, where only legal issues are raised or involved. Note that the Supreme Court's reward is not a matter of rights, but a healthy judicial discretion.

Outlook

A judicial term that indicates that the parties or lawyers will spontaneously dressed in the jurisdiction of the court.

Appellant

Participated in appeal to the senior referee as a dissatisfaction with the ruling of the lower grades.

Appeal

A winner who appeals to a senior court as a dissatisfaction.

Approval or not

Incorrect claim

List of specific errors that the lower court claimed to have committed the appeal of the appeal court and the opponent, so that the appellant was intended to destroy the judgment of the ruling.

Attachment

Best evidence rules

Evidence liability

The responsibility that the parties must bear to overcome the weight of evidence that are disadvantageous to the parties. Therefore, this responsibility may vary depending on which is the advantageous evidence in the process of the trial.

Assumption

The duty of the parties who submit the amount of evidence required by the law about the fact that it is a necessary issue to prove the parties' claims or defense.

Acting ability

The ability to act with legal effects, such as concluding contracts and raising a trial. Usually related to people over 18 years old.

Lawsuit

Currently, a specific trial or a judicial procedure.

Court case

A case held in the appeal court.

Litigation Delegation (CHOSE IN ACTION

A certificate that proves the right to claim money or property, such as a promise. Legal claims or causes that can develop into a lawsuit.

Situation evidence

Evidence to indirectly prove the facts of the issues by inferrating the proof of the proof of the fact. In a criminal case, a combination of a sufficient situation to overturn the estimation of innocence can lead to conviction beyond rational suspicion.

Civil lawsuit

A lawsuit filed by one of the parties to the other to prevent or protect or protect the rights, or to prevent or remedy misconduct.

Civil insult

The parties neglect or ignore what the court or judge ordered for the benefit of the other party.

Civil liability

This term generally refers to the atonement of claims caused by criminal acts, and consists of compensation for refund, compensation, and result damage.

Civil debt

In contrast to natural debt, a debt that gives the right to enforce.

Collective lawsuit

In a lawsuit that allows everyone to participate as a parties on behalf of a large number of people, the controversy that is a common or common consciousness for everyone is proposed by representatives who appeal to the interests of everyone. It will be done. Also called "representative lawsuit".

Clean Hands Doctrine

According to the principle of Hyogan based on the Hirahira law, plaintiffs or plaintiffs seeking to rescue the court must not commit their sins on what they are claimed.

A complaint

Generally, an answer asserting the plaintiff's cause of action. In criminal law, it refers to an affidavit that accuses a person of a crime.

Conclusive presumption

An assertion of fact that is deemed true without the need for further proof.

Admission and Evasion

An answer or statement filed by a party that expressly or impliedly acknowledges the allegations against it while asserting matters or facts that make the "admission" invalid, excusable, inadmissible, or null and void.

Consent judgment

An agreement between parties to settle, terminating further litigation, by having a court of competent jurisdiction approve the settlement as having the same force and effect as a judgment by the court. Once approved, it therefore has the effect of res judicata as to the issues in the litigation.

Contempt of court

A violation of the authority, justice, and dignity of the court, i. e., conduct during litigation that tends to disparage the authority of the court or the operation of law, or to obstruct or prejudice the parties, litigants, or their witnesses. It means not only willful disregard or disobedience of a court order, but also conduct that tends to undermine the authority of the court or the administration of law or in any way impede the administration of justice.

Court costs

In law, court costs are expenses and damages incurred in the course of court proceedings, including unanticipated amounts, whether fixed or unalterable amounts determined in advance by law or by rules in force.

Court-annexed mediation

A mediation process conducted under the auspices of a court after the court has acquired jurisdiction over a dispute.

Court-referred mediation

A process in which the parties to a pending case are directed by the court to refer the dispute to a neutral third party called a mediator, who works with the parties to reach a settlement agreement that the court will then adjudicate.

Criminal proceedings

A court proceeding in which the state prosecutes a person for an act or omission punishable by law.

Contempt of Court

Contempt of court consists of actions that violate the authority and dignity of the court or judge, such as unlawfully violating or discrediting the authority and dignity of the court or judge, or performing prohibited acts.

Criminal Liability

The execution is essential, even if the illegal act is different from what is intended by the person who has committed a felony, or a crime that would be a crime against a person or property. If it is impossible, or if an inadequate or ineffective means, you will be responsible.

Akiliana charges

Civil liability caused by negligence or negligence caused by the implementation of illegal or quas i-banned acts.

Contract responsibility

Civil responsibilities caused by negligence or negligence in fulfilling contract obligations.

Statutory liability

In Latin, it means that it is "under law", that is, the court or public servant is legally and physically owned according to the justice or administrative order.

Decision

Judgment or reconciliation of a court controversy. He steps into the root of the dispute, examines facts and issues, examines the evidence submitted by applying the law, and ultimately determines the rights of the parties.

Declarative relief

Interpretation caused by stakeholders based on laws, administrative orders, rules, ordinances, or other government regulations, and stakeholders based on other documents, or other documents. A special civil lawsuit that determines the above questions or validity and declares its rights and obligations.

Default

Do not submit an answer within the deadline approved by the court rules. Such default loses a court position. In other words, they appear in court, submit evidence, receive the hearing, and cannot participate in trials or hearing.

Judgment part

In the sentence, the substance and the substance of the complaint and the issue of the petition include the issues and solutions. Usually, it is described in the last paragraph of the sentence, such as "Petition is here Dismissed for Lack of Merit."

Estimation with room for discussion

The fact that it is deemed to be true unless it is denied or overturned by other evidence. Unless guilty is proven, "is innocent."

Opposition

Another opinion written by the majority of the majority and the appeal of the appeal in the ruling of a case.

Early neutral evaluation If the person who committed the felony is responsible, even if the tort is intended, or even if it will be a crime to a person or property. If the execution is essentially impossible, or if you use an inadequate or ineffective means, you shall be responsible.

Akiliana charges

Civil liability caused by negligence or negligence caused by the implementation of illegal or quas i-banned acts.

Contract responsibility

Civil responsibilities caused by negligence or negligence in fulfilling contract obligations.

Statutory liability

In Latin, it means that it is "under law", that is, the court or public servant is legally and physically owned according to the justice or administrative order.

Decision

Declarative relief

Default

Do not submit an answer within the deadline approved by the court rules. Such a default loses a court position. In other words, they appear in court, submit evidence, receive the hearing, and cannot participate in trials or hearing.

Judgment part

Estimation with room for discussion

The fact that it is deemed to be true unless it is denied or overturned by other evidence. Unless guilty is proven, "is innocent."

Opposition

Another opinion written by the majority of the majority and the appeal of the appeal in the ruling of a case.

It is executed, even if it is responsible for those who commit early neutral evaluation, or if the tort is different, or if it will be a crime to a person or property. If it is essentially impossible, or if you use an inadequate or ineffective means, you shall be responsible.

Akiliana charges

Civil liability caused by negligence or negligence caused by the implementation of illegal or quas i-banned acts.

Contract responsibility

Civil responsibilities caused by negligence or negligence in fulfilling contract obligations.

Statutory liability

In Latin, it means that it is "under law", that is, the court or public servant is legally and physically owned according to the justice or administrative order.

Decision

Declarative relief

Default

Judgment part

Estimation with room for discussion

The fact that it is deemed to be true unless it is denied or overturned by other evidence. Unless guilty is proven, "is innocent."

Opposition

Another opinion written by the majority of the majority and the appeal of the appeal in the ruling of a case.

Early neutral evaluation

ADR process. Early before the trial, the parties and their lawyers meet together, explain the outline of each case, and receive an unbelied reputation by experienced neutral people who are familiar with the theme and content of the dispute.

Description of the judgment

In a statement or notation in a sentence kept by a court clerk, it indicates that the ruling of the case has been confirmed and executed.

On e-sided

Without notifying the other party. It means "only from one" in Latin, which refers to eliminating one when submitting testimony and evidence in a case or lawsuit.

Excessive jurisdiction

A term that means that the court, board, or officers have jurisdiction over a case, but exceeds the limit of its legal exercise. As a result, it is subject to the court's injunction. This is the basis for a special civil lawsuit, and the claimant has crossed the authority, despite having the right to decide.

Execution

In a judicial term, execution refers to a legal action equivalent to the enforcement of a court.

Extermination of administrative relief measures

Requested that the procedure or rescue measure to resolve the claim in a court area with the jurisdiction of the original trial must be exhausted before being promoted or filed in another court. Law to do.

Faryo

In Spanish terms, it refers to the final decision of the court listed in the judgment or decision.

Final judgment

A court ruling, which has been confirmed and executed, and has become unable to promote a appeal or a senior court.

Final order

It is a court order that does not leave what the court has decided, and is in contrast to temporary orders that do not completely solve the case, but leave further decisions.

Forum shopping

Based on the assumption that a disadvantaged decision in a court would seek another opinion in another court other than the appeal or a special civil lawsuit, or that one or other court would be advantageous. Start two or more litigation or procedures based on the same cause.

Rhodendal ADR process. Early before the trial, the parties and their lawyers meet together, explain the outline of each case, and receive an unbelied reputation by experienced neutral people who are familiar with the theme and content of the dispute.

Description of the judgment

In a statement or notation in a sentence kept by a court clerk, it indicates that the ruling of the case has been confirmed and executed.

On e-sided

Without notifying the other party. It means "only from one" in Latin, which refers to eliminating one when submitting testimony and evidence in a case or lawsuit.

Excessive jurisdiction

Execution

In a judicial term, execution refers to a legal action equivalent to the enforcement of a court.

Extermination of administrative relief measures

Faryo

In Spanish terms, it refers to the final decision of the court listed in the judgment or decision.

Final judgment

A court ruling, which has been confirmed and executed, and has become unable to promote a appeal or a senior court.

Final order

It is a court order that does not leave what the court has decided, and is in contrast to temporary orders that do not completely solve the case, but leave further decisions.

Forum shopping

Ren Law ADR process. Early before the trial, the parties and their lawyers meet together, explain the outline of each case, and receive an unbelied reputation by experienced neutral people who are familiar with the theme and content of the dispute.

Description of the judgment

In a statement or notation in a sentence kept by a court clerk, it indicates that the ruling of the case has been confirmed and executed.

On e-sided

Without notifying the other party. It means "only from one" in Latin, which refers to eliminating one when submitting testimony and evidence in a case or lawsuit.

Excessive jurisdiction

Execution

In a judicial term, execution refers to a legal action equivalent to the enforcement of a court.

Extermination of administrative relief measures

Faryo

In Spanish terms, it refers to the final decision of the court listed in the judgment or decision.

Final judgment

A court ruling, which has been confirmed and executed, and has become unable to promote a appeal or a senior court.

Final order

It is a court order that does not leave what the court has decided, and is in contrast to temporary orders that do not completely solve the case, but leave further decisions.

Forum shopping

Laws of hearing

Only testimonies about the facts that witnesses personally know, or the facts derived from witnesses are recognized as evidence. Note that this general rule has certain exceptions, such as declaring death, declaring interests, and some of the wills.

Court hierarchy

The lawsuit rules stating that the first ruling should be ruled for the issue of the case, among the two courts with the jurisdiction of the original trial.

Implodes

In the lawsuit, a third party should be participated in behalf of any of the plaintiffs or defendants, and in some cases, the plaintiff or the defendant will be responsible for the third party. The argument for this is called "IMPLEADER".

In Paris Materia

Latin means "about the same topic".

In Re

The meaning of "IN THE MATTER of" in Latin. For example, a testimony of a will, an application for a personal protection warrant, a guardianship, etc.

Indirect insult

Inappropriate acts that tend to hinder, hinder, or reduce the dignity directly or indirectly, are not punished by direct insults. It also includes the court's legal warrant, procedures, orders, and dismissal to the ruling, and the independence of the summoned summoning letter.

Joint lawsuit

Of the conflicting claimants against the same object, in a special civil lawsuit to determine who is legal, all or part of the interests are contested by the claimant. The no n-person raised. This lawsuit is a lawsuit that forced the claimant to compete for multiple claims.

Participants

A position that is disadvantageously affected by distributors and other disposal of those who have legal stakeholders, or their own officers, or their own officers, or other services during the lawsuit, the success of the parties, or the benefits of both. A person who is allowed to participate in a lawsuit with the permission of the court.

Ipso Fact

Latin means "by that fact".

IP So Jules

Latin means "by law itself."

Only the evidence of the fact that the Witnesses personally knows, or the facts derived from the awareness of witnesses are recognized as evidence. Note that this general rule has certain exceptions, such as declaring death, declaring interests, and some of the wills.

Court hierarchy

The lawsuit rules stating that the first ruling should be ruled for the issue of the case, among the two courts with the jurisdiction of the original trial.

Implodes

In the lawsuit, a third party should be participated in behalf of any of the plaintiffs or defendants, and in some cases, the plaintiff or the defendant will be responsible for the third party. The argument for this is called "IMPLEADER".

In Paris Materia

Latin means "about the same topic".

In Re

The meaning of "IN THE MATTER of" in Latin. For example, a testimony of a will, an application for a personal protection warrant, a guardianship, etc.

Indirect insult:

Inappropriate acts that tend to hinder, hinder, or reduce the dignity directly or indirectly, are not punished by direct insults. It also includes the court's legal warrant, procedures, orders, and dismissal to the ruling, and the independence of the summoned summoning letter.

Joint lawsuit

Of the conflicting claimants against the same object, in a special civil lawsuit to determine who is legal, all or part of the interests are contested by the claimant. The no n-person raised. This lawsuit is a lawsuit that forced the claimant to compete for multiple claims.

Participants

A position that is disadvantageously affected by distributors and other disposal of those who have legal stakeholders, or their own officers, or their own officers, or other services during the lawsuit, the success of the parties, or the benefits of both. A person who is allowed to participate in a lawsuit with the permission of the court.

Ipso Fact

Latin means "by that fact".

IP So Jules

Latin means "by law itself."

Only the testimony of the fact that the lawsuit participates in personally knows, or the facts derived from witnesses are recognized as evidence. Note that this general rule has certain exceptions, such as declaration of death, declaration that contrary to interest, and some of the wills.

Court hierarchy

The lawsuit rules stating that the first ruling should be ruled for the issue of the case, among the two courts with the jurisdiction of the original trial.

Implodes

In the lawsuit, a third party should be participated in behalf of any of the plaintiffs or defendants, and in some cases, the plaintiff or the defendant will be responsible for the third party. The argument for this is called "IMPLEADER".

In Paris Materia

Latin means "about the same topic".

In Re

The meaning of "IN THE MATTER of" in Latin. For example, a testimony of a will, an application for a personal protection warrant, a guardianship, etc.

Indirect insult

Joint lawsuit

Participants

Ipso Fact

Latin means "by that fact".

IP So Jules

Indirect insult:

Participation in lawsuits

More accurately, the binding of the complaint is to integrate two or more claims or rights in one lawsuit, to describe two or more filing in a declaration, or each Two or more civil actions that can be found to be founded in the same complaint, declaration or petition.

Judgment

To impose a court ruling that the defendant is guilty or innocent for the crime charged, and the appropriate penalty for the defendant and the civil liability specified by law. Usually, it is a determined part of the judgment, but it is sometimes used in the same sense as the judgment itself.

This proposal

Implodes

Argument ruling

If the answer is not presented or if it is not, the court may give a ruling on the answer by filing a party.

Latin means "about the same topic".

It is a document or oral confession made by the parties in the process of the lawsuit in the same incident, which has a decisive effect on the parties and their successors. This confession does not require a proof, and can only be contrailed or denied by indicating that it was done by an obvious error or that such confession was not done.

Judicial announcement

A problem that does not require a proof in the trial procedure because it is a known fact, a proof that there is no doubt, or a fact that it should be known in the judge's duties.

Implodes

The basic authority of the court that scrutinizes the actions of laws and jurisdictions, and exercise the rights of administrative agencies, and the actions of administrative agencies that exercise sem i-judicial authority.

Legal ability

Aptitude to be the subject of legal relationships. Inherited in all natural people and lost only by death. It is distinguished from "act ability", which is the ability to act with legal effects.

Right of jurisdiction

The authority of the court to judge and decide on a certain case.

Implodes

A clear and concrete dispute related to the legal relationship of the parties with disadvantaged legal stake can solve the court by applying the law.

To be more accurate than the judicial issue , the binding of the complaint is to integrate two or more claims or rights in one lawsuit, and the declaration of two or more filing. Alternatively, the two or more civil actions that can be the basis of a separate lawsuit are combined with the same complaint, declaration or petition.

Judgment

Implodes

A court decision that legally declares the rights and obligations of the parties based on the disclosed facts.

Argument ruling

If the answer is not presented or if it is not, the court may give a ruling on the answer by filing a party.

Trial approval

Implodes

Judicial announcement

A problem that does not require a proof in the court procedure because it is a known fact, a proof that there is no doubt, or a fact that it should be known in the judge's duties.

Judicial examination

The basic authority of the court that scrutinizes the actions of laws and jurisdictions, and exercise the rights of administrative agencies, and the actions of administrative agencies that exercise sem i-judicial authority.

Indirect insult:

Aptitude to be the subject of legal relationships. Inherited in all natural people and lost only by death. It is distinguished from "act ability", which is the ability to act with legal effects.

Right of jurisdiction

The authority of the court to judge and decide on a certain case.

Indirect insult:

A clear and concrete dispute related to the legal relationship of the parties with disadvantaged legal stake can solve the court by applying the law.

Precisely, the JOINDER OF ACTION is to integrate two or more claims or the right to sue in one lawsuit, or to describe two or more causes in a declaration, or respectively. The two or more civil actions that can be the basis of a separate lawsuit are combined with the same complaint, declaration or petition.

Judgment

To impose a court ruling that the defendant is guilty or innocent for the crime charged, and the appropriate penalty for the defendant and the civil liability specified by law. Usually, it is a determined part of the judgment, but it is sometimes used in the same sense as the judgment itself.

This proposal

A court decision that legally declares the rights and obligations of the parties based on the disclosed facts.

Argument ruling

This proposal

A court decision that legally declares the rights and obligations of the parties based on the disclosed facts.

It is a document or oral confession made by the parties in the process of the lawsuit in the same incident, which has a decisive effect on the parties and their successors. This confession does not require a proof, and can only be contrailed or denied by indicating that it was done by an obvious error or that such confession was not done.

I

Judicial announcement

A problem that does not require a proof in the trial procedure because it is a known fact, a proof that there is no doubt, or a fact that it should be known in the judge's duties.

II

Judicial examination

The basic authority of the court that scrutinizes the actions of laws and jurisdictions, and exercise the rights of administrative agencies, and the actions of administrative agencies that exercise sem i-judicial authority.

Legal ability

IV

Aptitude to be the subject of legal relationships. Inherited in all natural people and lost only by death. It is distinguished from "act ability", which is the ability to act with legal effects.

Right of jurisdiction

The authority of the court to judge and decide on a certain case.

Legitimate controversy

A clear and concrete dispute related to the legal relationship of the parties with disadvantaged legal stake can solve the court by applying the law.

Judicial issue

A matter within the jurisdiction of a court over which it may exercise its judicial power to the exclusion of either the executive or the legislative branch.

Precedent doctrine

A clear and concrete dispute related to the legal relationship of the parties with disadvantaged legal stake can solve the court by applying the law.

Lex loci

Latin for "the law of the place," usually referring to the place where the court is located.

Ris mota

The legal issue or question that the court is called upon to resolve when a dispute is initiated and brought before the court.

Majority decision

Majority decision

Mandamus

A special civil action brought by an aggrieved party against a tribunal, corporation, board, officer, or person who has wrongfully failed to perform an act that the law expressly requires as a duty of performance arising from an office, trust, or position. It also applies when there is no other obvious, prompt and adequate remedy in the ordinary course of law, for the purpose of unlawfully excluding another person from the use and enjoyment of a right or position to which such other person is entitled, ordering the respondent to do any act necessary to protect the rights of the complainant, and paying damages suffered by the complainant as a result of the respondent's tortious conduct.

The legal issue or question that the court is called upon to resolve when a dispute is initiated and brought before the court.

A term applied to the established rule that when an appellate court decides an issue and remands it back to a lower court for further proceedings, the issue resolved there becomes the law of the case in any subsequent appeal.

lex loci

Latin for "the law of the place," usually referring to the place where the court is located.

ris mota

The legal issue or problem that the court is asked to resolve when a dispute is initiated and brought before the court.

A clear and concrete dispute related to the legal relationship of the parties with disadvantaged legal stake can solve the court by applying the law.

A decision made by a majority of the members of an appellate court or a portion of it that is considered the decision of the entire court, and thus the controlling opinion of the entire court.

mandamus

A special civil action brought by an aggrieved party against a tribunal, corporation, board, officer, or person who has wrongfully failed to perform an act that the law expressly requires as a duty of performance arising from an office, trust, or position. It also applies when there is no other obvious, prompt and adequate remedy in the ordinary course of law, for the purpose of unlawfully excluding another person from the use and enjoyment of a right or position to which such other person is entitled, ordering the respondent to take any action necessary to protect the rights of the complainant, and paying damages suffered by the complainant as a result of the respondent's tortious conduct.

A clear and concrete dispute related to the legal relationship of the parties with disadvantaged legal stake can solve the court by applying the law.

A term applied to the established rule that when an appellate court decides an issue and remands it back to a lower court for further proceedings, the issue resolved there becomes the law of the case in any subsequent appeal.

lex loci

Latin for "the law of the place," usually referring to the place where the court is located.

The legal issue or question that the court is called upon to resolve when a dispute is initiated and brought before the court.

The legal issue or problem that the court is asked to resolve when a dispute is initiated and brought before the court.

majority decision

A decision made by a majority of the members of an appellate court or a portion of it that is considered the decision of the entire court, and thus the controlling opinion of the entire court.

mandamus

A clear and concrete dispute related to the legal relationship of the parties with disadvantaged legal stake can solve the court by applying the law.

...

In Latin, it means taking action from yourself, or indicating initiative without being recommended by anyone. Pay attention to Proprio spells. Not "PROPIO".

Mutatis Mutandis

Latin means "essentially the same except for the details."

Necessary person

It is not required, but if you are already a parties, you will be given a complete rescue, or you should join as a party to make a complete decision or settlement of the claim to be the subject of the lawsuit.

Negative answer

The legal issue or question that the court is called upon to resolve when a dispute is initiated and brought before the court.

Negative pregnancy

It is a denial in the argument and can be interpreted as affirm or acknowledged the important facts at the heart of the related issues.

Notatu Dignum (No Tatsu Dignum)

In Latin, it means estimating the regularity in the judge's execution. Thus, no prejudice, prejudice, and even unfair benefits are estimated. In particular, it is not estimated in comparison with the jury's duty to execute justice without respect for any person and perform justice without the difference between rich and poor.

Nonk Pro Tunk

Latin is a word that means "now, then", so the nunc pro tunc's judgment and instructions are given retroactive effect.

Appendix

The claims and views that were not necessary for the court's issue, which was described in Latin as "aside" or "and then", or the court passed by.

The legal issue or question that the court is called upon to resolve when a dispute is initiated and brought before the court.

In the Latin word, "in the lawsuit".

Judgment

A court ruling that is unanimously and anonymously, without normally anonymous. Ponente or author of such a judgment is not usually identified.

Clearly meaningful rules

One of the principles of law interpretation, "If the wording of law is clear and obvious, and there is no ambiguity, it must be literally meaningful and applied without attempts to interpret."

A clear and concrete dispute related to the legal relationship of the parties with disadvantaged legal stake can solve the court by applying the law.

A document describing the claims and defaps of each parties submitted to the court to get the right judgment.

Ponente

In Spanish, it refers to the court of the court majority.

Precedent

In the law, when judging an incident in which the facts or situations are similar or the same, the rules or the Supreme Court that the court should follow.

Prejudicial Issue

The legal issue or question that the court is called upon to resolve when a dispute is initiated and brought before the court.

Preliminary Attachment

A provisional relief that allows the plaintiff or other appropriate party to place the property of the adverse party in the custody of the court at the commencement of the action or at any time thereafter as security for satisfaction of any judgment that may be collected.

Preliminary Injunction

A provisional order granted at any stage of an action or proceeding before a judgment or final order is entered, requiring a party or court, agent, or individual to refrain from certain acts. It may also require the performance of certain acts, in which case it is called a preliminary mandatory injunction.

Pretrial

A mandatory procedure before trial or hearing on the merits when the final argument has been filed. It is intended to expedite the proceedings and dispose of the case quickly. At this stage, the parties are expected to explore the possibility of an amicable settlement, referral to ADR, simplifying the issues, obtaining factual findings, and admitting facts and documents in order to avoid lengthy and tedious litigation.

prima facie

Latin for "at first sight," generally refers to a situation or condition that appears to be factual on the surface but may not actually be factual.

A clear and concrete dispute related to the legal relationship of the parties with disadvantaged legal stake can solve the court by applying the law.

The doctrine that cases involving technical disputes should be addressed first by an administrative or other quasi-judicial body with special powers to deal with the matter.

Pro bono

Latin for "for the public good." Usually refers to the services of a lawyer rendered free of charge for a good cause or for a distressed litigant.

A clear and concrete dispute related to the legal relationship of the parties with disadvantaged legal stake can solve the court by applying the law.

Latin for "for this time only," limiting an action or decision to a one-off issue.

Pro cy

Latin for "for oneself." Usually used in reference to representing oneself in court without the aid of a lawyer.

Factual Question

A legal question whose truth or falsity is at issue. Its resolution depends on the court's evaluation of the evidence available in a given situation. It revolves around the credibility of witnesses and the existence of relevant factual circumstances that bear on the likelihood or probability of the legal issue or situation at issue.

A clear and concrete dispute related to the legal relationship of the parties with disadvantaged legal stake can solve the court by applying the law.

A contested legal issue whose resolution depends on the proper application or interpretation of a constitutional or statutory provision. A legal question exists when the doubt or controversy concerns the correct application of law or jurisprudence to a set of facts, or when the issue does not require an examination of the probative value of the evidence presented or the truth or falsity of an admitted fact.

Ratio Regis

Latin for the underlying reasons or principles that justify a decision. In other words, the reasons why the decision is the way it is.

Ratio Regis

For example, ignoring red lights is prohibited to protect pedestrians from traffic accidents, and smoking in enclosed spaces is prohibited to prevent passive smoking. In statutory interpretation, it refers to the "spirit of the law" rather than a literal interpretation.

Real party in interest

A party who will benefit or be harmed by the judgment of a lawsuit, or who is entitled to the benefits of the lawsuit.

Recusal

A term referring to the process by which a judge, upon the objection of a party or of his own volition, refrains from or disqualifies himself from a case in which the judge's objectivity or impartiality is in doubt because of self-interest, bias, or prejudice. Also called "recusation".

Rejoinder

A defendant's reply to a plaintiff's reply.

Relief from judgment

A legal remedy in which a party seeks the setting aside of a judgment entered against him by a court when he has been wrongfully deprived of a hearing or barred from an appeal because of fraud, accident, mistake, or excusable negligence.

Will

The legal issue or question that the court is called upon to resolve when a dispute is initiated and brought before the court.

Les Ipsa Rokutour

In Latin, it is translated as "things talk about itself", that is, there is no further proof or further demonstration of the occurrence and existence of the facts.

Les Judica

The legal issue or question that the court is called upon to resolve when a dispute is initiated and brought before the court.

Lolo

A litigation record that can be put in a folder for storage while the court clerk is stored.

Decision

The legal issue or question that the court is called upon to resolve when a dispute is initiated and brought before the court.

Individual opinion

Another statement by the judge of the Appeal Court is either agreeing or opposed to the majority vote of the court. For example, the Supreme Court judge can decide to write another opinion if only the results are supported and if they do not support the reason behind the ruling.

Shalleria

Rules and regulations applied to Muslims mainly in the Koran and Hadies.

The legal issue or question that the court is called upon to resolve when a dispute is initiated and brought before the court.

There is no description of the facts that are the basis for conclusion, and a ruling supplemented in the final judgment later. There is a question about its effectiveness.

Steamedesis

In the Latin Legal Principles, once a law issue is examined and determined, the problem will be resolved, and more discussions will be possible. In other words, it means that "do not deviate from the fixed precedent." Therefore, a precedent that has already been settled means that if the facts or related laws are similar, they will be a similar case.

Sub judge

In the Latin Principles, a certain thing is under the review of the judiciary or court, the result or the consequence has not yet been confirmed, so it is appropriate to comment on the possible results. It means that it is not the target. Such comments are subject to court insults.

Brief judgment

The legal issue or question that the court is called upon to resolve when a dispute is initiated and brought before the court.

Traverse

A format corresponding to the denial of the facts claimed by the opponent's speech.

Chapter 4

Approach to the sentence

The purpose of this chapter is to explain the general, special theory, and comparison and contrast to make meaningful and effective judicial judgments. Through the actual example, it is hoped that the judge will be able to build a consistent and consistent convincing judgment without being confused by unnecessary facts or unsuitable laws and regulations. 。

A clear and concrete dispute related to the legal relationship of the parties with disadvantaged legal stake can solve the court by applying the law.

"There is no excellent sentence:" There is only good rewriting. [1]

The following are the most practical guidelines for the judge to effectively guide (and rewrite) the sentence.

1. ABC of effective sentence

In order for the judgment to be effective, it must be accurate, concise, and clear. The accuracy, concise, and clarity of the qualities of the effective sentence are described below.

a. accuracy

The first quality of an effective decision sentence is accuracy. This qualities are mainly related to the method of presenting a statement of facts and indicating the basis and grounds of the judgment and the judgment. [2] Latin's law principles, once a law issue is examined and determined, the problem will be resolved and no more discussions. In other words, it means that "do not deviate from the fixed precedent." Therefore, a precedent that has already been settled means that if the facts or related laws are similar, they will be a similar case.

Sub judge

Brief judgment

The court solves the issue of litigation to protect the plaintiff from simply delaying recovery, disabling recovery, or protecting the defendant from a complaint of harassment raised as a nuisance act. Judgment to do. Prior to the trial, the court refers to the ruling caused by the two parties and judges that there is no true issue between the two parties.

Traverse:

A format corresponding to the denial of the facts claimed by the opponent's speech.

Chapter 4

The purpose of this chapter is to explain the general, special theory, and comparison and contrast to make meaningful and effective judicial judgments. Through the actual example, it is hoped that the judge will be able to build a consistent and consistent convincing judgment without being confused by unnecessary facts or unsuitable laws and regulations. 。

A. Effective communication guidance

"There is no excellent sentence:" There is only good rewriting. [1]

The following are the most practical guidelines for the judge to effectively guide (and rewrite) the sentence.

1. ABC of effective sentence
In order for the judgment to be effective, it must be accurate, concise, and clear. The accuracy, concise, and clarity of the qualities of the effective sentence are described below.
a. accuracy

The first quality of an effective decision sentence is accuracy. This qualities are mainly related to the method of presenting a statement of facts and indicating the basis and grounds of the judgment and the judgment. [2] In the principle of law represented in Latin, once a legal issue is examined and determined, the problem will be solved and no more discussions will be possible. In other words, it means that "do not deviate from the fixed precedent." Therefore, a precedent that has already been settled means that if the facts or related laws are similar, they will be a similar case.

Sub judge

In the Latin Principles, a certain thing is under the review of the judiciary or court, the result or the consequence has not yet been confirmed, so it is appropriate to comment on the possible results. It means that it is not the target. Such comments are subject to court insults.

Brief judgment

The court solves the issue of litigation to protect the plaintiff from simply delaying recovery, disabling recovery, or protecting the defendant from a complaint of harassment raised as a nuisance act. Judgment to do. Prior to the trial, the court refers to the ruling caused by the two parties and judges that there is no true issue between the two parties.
1. Traverse
2. A format corresponding to the denial of the facts claimed by the opponent's speech.
Chapter 4

Indirect insult:

The purpose of this chapter is to explain the general, special theory, and comparison and contrast to make meaningful and effective judicial judgments. Through the actual example, it is hoped that the judge will be able to build a consistent and consistent convincing judgment without being confused by unnecessary facts or unsuitable laws and regulations. 。

A. Effective communication guidance

"There is no excellent sentence:" There is only good rewriting. [1]

The following are the most practical guidelines for the judge to effectively guide (and rewrite) the sentence.

1. ABC of effective sentence

Indirect insult:

a. accuracy

The first quality of an effective decision sentence is accuracy. This qualities are mainly related to the method of presenting the statement of facts and indicating the basis and grounds of the judgment and the judgment. [2]

The accuracy requires that the judge describes facts and laws with honesty, frankness, and concreteness. [3] Frankness and honesty surely evolve trust. For example, a har d-working litigation agent or boss, or a judge who judges it finds a factless fact. [4]

If the statement of the facts is inaccurate, the conclusions derived from it tend to be invalid, whether it is caused by the error or the intentional false statement. Regardless of the ethical consideration to prevent such a dishonest act, the intentional false statement and distortion of the facts are almost certainly discovered, and the courts and committee you work are paying attention to. And give the natural and legitimate consequences of doubting the violated author. [5]

The decision is accurate when it is conformed to facts, laws, and fixed law. The ruling must be written in correct English or Philippine. Judges must be familiar with various fields of law. [6] Don't forget that your audience is not only the parties and their lawyers, but also the appealing court that may consider your decisions and opinions. [7]

Judges are not allowed to be inaccurate, and must always be faithful to the facts. The description of related laws and related laws must be accurate. The judge must refer to the constitution and law itself, not relying on memories. The requirements in accordance with this line are to quote laws without making false statements about the application and meanings, and rely on appropriate and relevant law. [8]

Similarly, the judge must check the quote when writing a sentence. In particular, when quoting laws and laws and regulations, be sure to refer to the primary source if you rely on quotes from the commentator's book.

Don't forget that mastering the law is not enough. Judges must know where the law is. This is because the ruling is reported in the media and may be quoted as it is.

b.

The simplicity is to include what you need in the sentence. The length of the judgment sentence depends on the facts and issues. To achieve the concise, the judge must be familiar with facts and laws, make careful planning, summarize, and pay attention to the points. [9]
1. The judge must not be reported. It has been pointed out in a certain judgment:
2. The judge is not a fast reporter who expresses the testimony of witnesses one by one. The judge must know how to comprehensively, summarize, and simplify. Being unable to do so is one of the main causes of the delay in the judicial administration. It also explains the people's desperation for the pulling of many courts and the fact that they cannot reach them quickly and cannot reach them quickly. " [10]
3. The concise should not be secured at the expense of clarity. [11] There is no effort to separate important and not, and it should be blamed for a judgment that has been abnormally long by summarizing the testimony one by one. [12] The legal sentence must be "one piece of fat nor the extra words of one word" must be a clean, neat, clear. [13]
4. Ideally, the judgment sentence is tight. To tighten the style, run the pen to all words on the page. Erase all sagging syllabary. Make each word meaningful. Eliminating redundant sentences is not easy. [14]
5. Simple is not simply identified as the number of pages of the ruling. Therefore, the concise should be a flexible standard in the relationship with the complexity of the case. For example, a simple statement of facts does not necessarily contain a short sentence. Events are briefly described and testimony must be compressed. [15]
However, it is difficult and tim e-consuming to achieve concise. The judge who writes the ruling must first be familiar with the facts and laws, and then summarize them without distorting the truth. The concise judgment is the result of careful planning, condensation, and essence. Such a ruling is actually a better judgment and is more effective in saving the time and energy of the Court of Appeal. [16]

Please note the difference between the following figures.
1. Defective: Judge must not be reported. It has been pointed out in a certain judgment:
 1. The judge is not a fast reporter who expresses the testimony of witnesses one by one. The judge must know how to comprehensively, summarize, and simplify. Being unable to do so is one of the main causes of the delay in the judicial administration. It also explains the people's desperation for the pulling of many courts and the fact that they cannot reach them quickly and cannot reach them quickly. " [10]
 1. The concise should not be secured at the expense of clarity. [11] There is no effort to separate important and not, and it should be blamed for a judgment that has been abnormally long by summarizing the testimony one by one. [12] The legal sentence must be "one piece of fat nor the extra words of one word" must be a clean, neat, clear. [13]
 2. Ideally, the judgment sentence is tight. To tighten the style, run the pen to all words on the page. Erase all sagging syllabary. Make each word meaningful. Eliminating redundant sentences is not easy. [14]
 Simple is not simply identified as the number of pages of the ruling. Therefore, the concise should be a flexible standard in the relationship with the complexity of the case. For example, a simple statement of facts does not necessarily contain a short sentence. Events are briefly described and testimony must be compressed. [15]
 1. However, it is difficult and tim e-consuming to achieve concise. The judge who writes the ruling must first be familiar with the facts and laws, and then summarize them without distorting the truth. The concise judgment is the result of careful planning, condensation, and essence. Such a ruling is actually a better judgment and is more effective in saving the time and energy of the Court of Appeal. [16]
 2. Please note the difference between the following figures.
 3. Defective: Judges must not be reported. It has been pointed out in a certain judgment:
 1. The judge is not a fast reporter who expresses the testimony of witnesses one by one. The judge must know how to comprehensively, summarize, and simplify. Being unable to do so is one of the main causes of the delay in the judicial administration. It also explains the people's desperation for the pulling of many courts and the fact that they cannot reach them quickly and cannot reach them quickly. " [10]
 2. The concise should not be secured at the expense of clarity. [11] There is no effort to separate important and not, and it should be blamed for a judgment that has been abnormally long by summarizing the testimony one by one. [12] The legal sentence must be "one piece of fat nor the extra words of one word" must be a clean, neat, clear. [13]
 3. Ideally, the judgment sentence is tight. To tighten the style, run the pen to all words on the page. Erase all sagging syllabary. Make each word meaningful. Eliminating redundant sentences is not easy. [14]
 1. Simple is not simply identified as the number of pages of the ruling. Therefore, the concise should be a flexible standard in the relationship with the complexity of the case. For example, a simple statement of facts does not necessarily contain a short sentence. Events are briefly described and testimony must be compressed. [15]
 2. However, it is difficult and tim e-consuming to achieve concise. The judge who writes the ruling must first be familiar with the facts and laws, and then summarize them without distorting the truth. The concise judgment is the result of careful planning, condensation, and essence. Such a ruling is actually a better judgment and is more effective in saving the time and energy of the Court of Appeal. [16]
 3. Please note the difference between the following figures.
 4. defect:
 5. At around 4:00 am on September 2, 1970, Seriro de Leon borrowed Connie from Graciano Badyja (Attached H-2). Glaciano Badillia handed Connie to him, the defendant Seriro de Leon drove Connie himself, proceeded on Pena Francia Street, and passed through Aratco Station, Seriro de Leon saw Jose Alandy. Ta. Seriro de Leon is the "Villas" of the Connie owner Glaciano Bady, who is constantly driving, and Saldenha, who is once the owner of Sardinia Line, is on a honeymoon. When De Leon was the manager, he was the chief of his chief, so he sitting next to De Leon in Connie's front seat. De Leon drove Connie as it was and headed north on Penya Francia. When he arrived on Santon H a-dori, he turned left, arrived at Elias Angeles Street, turned right, headed to the intersection of Bagumbayan Street and Elias Angeles Street, turned left again to Atheno Street. When he arrived at the Gate of Naga Palokial School along Atheneo Street, Seriro stopped Connie in front of the gate, parked from there, and said he was waiting for someone to Alandia. [17]
 6. This paragraph is an excerpt from the actual trial judgment. The Supreme Court pointed out that the judge, "especially the details of left and right turns, make the ruling clutter and distract." [18]
 1. Better:
 2. Same day, September 2, 1970, around 4:00 pm, Seriro de Leon rented a Connie car from Graciano Badyja. While driving on Pena Francia, he met a former Sardinia Line's former driver, Jose Alandia, who had been running for a short period of time. They later headed to Naga Palokial School on Atheno Street.
 3. The simplicity must not ignore the essential facts, precedents, and discussions. Also, the evidence submitted by the other party should not be ignored. The facts should be performed based on important evidence submitted by the other party. People v. Banayo is an example of the entire ruling promulgated in the actual case, showing the lessons to be noted.
 4. Illustrated
 5. Alejandro Banayo, together with Rosendo Villanueva Jr., alias Tito, and Donato Alvero, were indicted by the Undersecretary of the Province of Quezon for conspiring with intent to kill and with treason to assault, assault, stab and inflict wounds on one Armando Abel, causing his death, as defined and punishable by Article 248 of the Revised Penal Code.... At his arraignment, Alejandro Banayo pleaded not guilty, while Donato Alberto and Rosendo Villanueva Jr. remain at large. After carefully considering the evidence of the prosecution and defense, this Court holds as follows:
 6. On the evening of September 30, 1980, at about 8:00 p. m., Romuald Cabrera 1 was returning to Bungoy, Dolores, Quezon with his cousin Isidro Cabrera when he was caught up in a disturbance in front of the house of Hermilando Ventosilla 1 by a group of Resendo Villanueva, Alejandro Banayo and Donato Albero, accused in the above criminal case. They threw stones and bottles at each other until Romuald Cabrera took refuge in the house of his uncle Petting Ventosilla. While he was in the Ventosilla house, his cousin Armando Abel went to the place of the incident.
 7. When Armando Abel arrived at the place of the incident, the situation escalated and he was suddenly embraced by Donato Albero and Alejandro Banayo and stabbed in the back by Tito Villanueva.
 8. Upon the arrival of Barangay Councilman Godofredo Valle, the three assailants ran away and Armando Abel collapsed on the roadside. The victim, Armando Abel, was placed in a jeep and taken to San Pablo.
 1. Accused Alejandro Banayo claims that three minutes or so after the commotion when his group engaged in a rock and bottle throwing brawl with Tito Villanueva's group, his uncle Rogelio Aurelio brought him in because he (Banayo) was no longer there when Tito Villanueva stabbed Armando Abel and his mother was sick at the time.
 2. However, since Alejandro Banayo's identity was confirmed by Alfredo Esguerra and Romualdo Cabrera, the Court cannot give credence to the alibi defense.
 3. Banayo's holding of the victim while Tito Villanueva stabbed him proves their complicity beyond reasonable doubt.
 1. The betrayal, which is said to be accompanied by the murder of Armand Abel, uses their excellent power when Villanueba and their group stabbed and killed Armand Abel.
 2. Therefore, the court has been guilty of Alejandro Banayo as the main culprit of murder, defined and punished in Article 248 of the Revised Penal Code, and has been sentenced to no n-term imprisonment here, and has been sentenced to life. Compensate for the victim's bereaved family.
 3. The ruling is made with the above.
 4. This is the order.
 5. February 23, 1983, Lucena City.
 1. In the retrial, the Supreme Court acknowledged enough evidence to support the convicted, but accused the judge as follows:
 2. At the beginning, the judge revealed in the judge in the court, as shown from the fact that the text of the ruling sentence has only 63 turns to less than 63 pages of typewriters, a double space and a wide margin. He has a fairly cold view of indifferent attitudes. Court's judgment should be concise, and the length of the judgment is not necessarily determined, but in the ruling of this murder case, the lower court is both prosecutors and defense. It should be outlined to be more detailed and convincing about the evidence submitted from, the facts of the judge, and the laws and authorities that support the court's conclusions based on record evidence.
 3. The judge neglected this. There is no quotation of authority in the ruling. The issues raised by the appellant include claims such as testimony, the nature of the death declaration, the nature, planning, betrayal, and dominance. The proposed issues are extremely important and should be treated better from the trial.
 1. Fortunately, the judgment is compressed, but the record is quite sufficient. The judge allowed the prosecutor and the defense to fully develop their claims. " [19]
 2. Know how to cut your work with the hard work and hard work to edit your work. If you don't need anything to support legal and factual conclusions, don't hesitate. [20]
 3. C. Clarity The betrayal of the killing of Armand Abel is the use of their excellent power when Villanueba and their group stabbed and killed Armand Abel.
 1. Therefore, the court has been guilty of Alejandro Banayo as the main culprit of murder, defined and punished in Article 248 of the Revised Code, and has been sentenced to no n-term imprisonment here and sent 12, 000 pesos. Compensate for the victim's bereaved family.
 2. The ruling is made with the above.
 3. This is the order.
 4. February 23, 1983, Lucena City.
 1. In the retrial, the Supreme Court acknowledged enough evidence to support the convicted, but accused the judge as follows:
 2. At the beginning, the judge revealed in the judge in the court, as shown from the fact that the text of the ruling sentence has only 63 turns to less than 63 pages of typewriters, a double space and a wide margin. He has a fairly cold view of indifferent attitudes. Court's judgment should be concise, and the length of the judgment is not necessarily determined, but in the ruling of this murder case, the lower court is both prosecutors and defense. It should be outlined to be more detailed and convincing about the evidence submitted from, the facts of the judge, and the laws and authorities that support the court's conclusions based on record evidence.
 1. The judge neglected this. There is no quotation of authority in the ruling. The issues raised by the appellant include claims such as testimony, the nature of the death declaration, the nature, planning, betrayal, and dominance. The proposed issues are extremely important and should be treated better from the trial.
 1. Fortunately, the judgment is compressed, but the record is quite sufficient. The judge allowed the prosecutor and the defense to fully develop their claims. " [19]
 2. Know how to cut your work with the hard work and hard work to edit your work. If you don't need it to support legal and factual conclusions, let's erase it without hesitation. [20]
 
 c. Clarity of the crisis, which is said to be accompanied by the murder of Armand Abel, uses their excellent power when Villanueba and their groups have stabbed Armand Abel.
 
 Therefore, the court has been guilty of Alejandro Banayo as the main culprit of murder, defined and punished in Article 248 of the Revised Penal Code, and has been sentenced to no n-term imprisonment here, and has been sentenced to life. Compensate for the victim's bereaved family.
 
 The ruling is made with the above.
 
 This is the order.
 
 February 23, 1983, Lucena City.
 
 In the retrial, the Supreme Court acknowledged enough evidence to support the convicted, but accused the judge as follows:
 
 At the beginning, the judge revealed in the judge's murder case, as can be seen from the fact that the text of the ruling sentence only has a double space and a wide margin, with only 63 turns in the typewriter less than 3 pages. He has a fairly cold view of indifferent attitudes. The court's judgment should be concise, and the length of the judgment does not necessarily determine its quality, but in the ruling of this murder case, the lower court is both prosecutor and the defense side. It should be outlined to be more detailed and convincing about the evidence submitted from, the facts of the judge, and the laws and authorities that support the court's conclusions based on record evidence.
 
 The judge neglected this. There is no quotation of authority in the ruling. The issues raised by the appellant include claims such as testimony, the nature of the death declaration, the nature, planning, betrayal, and dominance. The proposed issues are extremely important and should be treated better from the trial.
 
 Fortunately, the judgment is compressed, but the record is quite sufficient. The judge allowed the prosecutor and the defense to fully develop their claims. " [19]
 
 Know how to cut your work with the hard work and hard work to edit your work. If you don't need it to support legal and factual conclusions, let's erase it without hesitation. [20]
 
 c. Clarity
 
 Clearness is defined as clarity, frankness, order, and accuracy of thoughts and expressions. [21] In order to achieve clarity, the decision must be easy to read and understand. [22] Only a clear ruling can have a judgment right.
 
 The following are brief explanations of how to write to clarify the facts, texts, titles, headings, Italic, words, numbers, dates, and abbreviations. It also explains the parallelity and consistency of words.
 
 i.
 
 The fact refers to the actual event that must be recorded in the record. The fact refers to the actual event that must be recorded in the record. [23] The facts must be proven and must be recorded.
 
 The fact must be given an organic and logically. The judicial court is not obliged to write all of the evidence submitted by the parties and the other party in the proposed issues. [twenty four]
 
 Fact recognition is a statement of facts, not a legal conclusion. The statement of the facts in the argument must be distinguished from the statement of facts in the ruling. In the argument, it is necessary to express only the ultimate fact or essential facts, and there is no need for evidence, but in the ruling, it is not only the ultimate fact, but also evidence to support it. The facts must be stated. [twenty five]
 
 The following is an example of the facts recognition in the deceased Ramon C. Supreme Court of the Supreme Court, promulgated on February 23, 1978.
 
 Illustration
 
 We judge that the appeal has no benefits. The appelians were identified by the victim's widow and son, depicting another sketch (exh. x and y) at the bright crime site. These sketches gave their testimony true. The widow testified that he was paralyzed by fear when his husband was killed in front of him. She couldn't do anything. In addition, the defendant has been hiding for nearly eight years to avoid being charged. Escape is evidence of guilty.
 
 The appellants acknowledged that the victims and sons did not know why they would wear wet clothes. They argued that they were not witnesses because their wives testified that their husband was only killed by Pol. Clarity is defined as clarity, frankness, order, and accuracy of thoughts and expressions. [21] In order to achieve clarity, the decision must be easy to read and understand. [22] Only a clear ruling can have a judgment right.
 
 The following are brief explanations of how to write to clarify the facts, texts, titles, headings, Italic, words, numbers, dates, and abbreviations. It also explains the parallelity and consistency of words.
 
 i.
 
 The fact refers to the actual event that must be recorded in the record. The fact refers to the actual event that must be recorded in the record. [23] The facts must be proven and must be recorded.
 
 The fact must be given an organic and logically. The judicial court is not obliged to write all of the evidence submitted by the parties and the other party in the proposed issues. [twenty four]
 
 Fact recognition is a statement of facts, not a legal conclusion. The statement of the facts in the argument must be distinguished from the statement of facts in the ruling. In the argument, it is necessary to express only the ultimate fact or essential facts, and there is no need for evidence, but in the ruling, it is not only the ultimate fact, but also evidence to support it. The facts must be stated. [twenty five]
 
 The following is an example of the facts recognition in the deceased Ramon C. Supreme Court of the Supreme Court, promulgated on February 23, 1978.
 
 Illustration
 
 We judge that the appeal has no benefits. The appelians were identified by the victim's widow and son, depicting another sketch (exh. x and y) at the bright crime site. These sketches gave their testimony true. The widow testified that he was paralyzed by fear when his husband was killed in front of him. She couldn't do anything. In addition, the defendant has been hiding for nearly eight years to avoid being charged. Escape is evidence of guilty.
 
 The appellants acknowledged that the victims and sons did not know why they would wear wet clothes. They argued that they were not witnesses because their wives testified that their husband was only killed by Pol. Clearness is defined as clarity, frankness, order, and accuracy of thoughts and expressions. [21] In order to achieve clarity, the decision must be easy to read and understand. [22] Only a clear ruling can have a judgment right.
 
 The following are brief explanations of how to write to clarify the facts, texts, titles, headings, Italic, words, numbers, dates, and abbreviations. It also explains the parallelity and consistency of words.
 
 i.
 
 The fact refers to the actual event that must be recorded in the record. The fact refers to the actual event that must be recorded in the record. [23] The facts must be proven and must be recorded.
 
 The fact must be given an organic and logically. The judicial court is not obliged to write all of the evidence submitted by the parties and the other party in the proposed issues. [twenty four]
 
 Fact recognition is a statement of facts, not a legal conclusion. The statement of the facts in the argument must be distinguished from the statement of facts in the ruling. In the argument, it is necessary to express only the ultimate fact or essential facts, and there is no need for evidence, but in the ruling, it is not only the ultimate fact, but also evidence to support it. The facts must be stated. [twenty five]
 
 The following is an example of the facts recognition in the deceased Ramon C. Supreme Court of the Supreme Court, promulgated on February 23, 1978.
 
 Illustration
 
 We judge that the appeal has no benefits. The appelians were identified by the victim's widow and son, depicting another sketch (exh. x and y) at the bright crime site. These sketches gave their testimony true. The widow testified that he was paralyzed by fear when his husband was killed in front of him. She couldn't do anything. In addition, the defendant has been hiding for nearly eight years to avoid being charged. Escape is evidence of guilty.
 
 The appellants acknowledged that the victims and sons did not know why they would wear wet clothes. They argued that they were not witnesses because their wives testified that their husband was only killed by Pol.
 
 In fact, in her statement to the police three weeks after the murder, the wife stated that she had been warned by Pol that her husband might be liquidated and that she followed him as he was leaving the residence, thus witnessing the murder (Exh. A). As already stated, Pol was the victim's employer and had warned Mrs. Papa of the eventuality that her husband might be killed by his enemies (No. 8, Exhibit A). Mrs. Papa told the police that five days before the shooting, her husband had told her that their neighbor, Tranquilino Sabater (appellant Crisostomo's uncle), had a grudge against Papa.
 
 ii. Text
 
 - Avoid shortcomings. Keep it simple. High-brow language, legal terms, foreign words and phrases, used sparingly in the proper context, can lend dignity and dignity to a judgment, but their use should be kept to a minimum. Excessive use reveals ostentation and amateurism rather than erudition. [26]Indirect insult:
 
 In common usage and in its ordinary sense, "shall" is a word of command, a word that always has or must have a mandatory meaning that expresses an obligation. It has a mandatory meaning, and is commonly known as peremptory or mandatory.
 
 This paragraph is redundant.
 
 Better:
 "Shall" expresses an imperative form and indicates the mandatory nature of the law.
 - Use specific words in the right place. Vague generalizations say nothing. Even worse, they can confuse the reader. [27] Learn when and how to use emphasis.
 Emphasis words or groups of words by giving more space to important ideas in a sentence than to unimportant ideas. Place the more important parts in a prominent position at the beginning or end of the sentence.
 Incorrect:
 
 The rule is that no statute, ordinance, regulation, or policy shall have retroactive effect unless expressly so specified.
 
 No statute, ordinance, regulation, or policy shall have retroactive effect unless expressly so specified.
 
 This sentence would have more impact if you emphasized the words or groups of words correctly.
 
 iii. Parallelism
 
 - Try to use logical and grammatical parallelism. [28]
 
 Incorrect:
 
 The defendant challenges the credibility of the witnesses, stating that they are all close friends of the plaintiff and that their testimony contradicts each other.
 
 The defendant is disgusting the witnesses of witnesses because all witnesses are plaintiff's best friends and their testimony is inconsistent with each other.Indirect insult:
 
 -Apse the wrong dosage. [29]
 
 I was wrong:
 Therefore, this lawsuit is rejected.
 Therefore, this lawsuit is rejected because there is no reason.
 
 IV. Consistency
 
 -Metting consistent tones, tense, words, and images.
 
 defect:
 
 There was no way for the victim to drive away the defendant's sexual temptation. The defendant was armed and was bigger than her, so she overwhelmed her.
 
 There was no way for the victim to drive away the defendant's sexual temptation. The defendant was armed and was bigger than her, so she easily overwhelmed her.
 
 If the verb tense changes without any warning, the reader is confused. By unifying the tense of the verb, the time of the described act becomes clear. [30]
 
 -It is desirable to avoid monotony, but do not change words to change words. If you need to repeat words and words, repeat the words and words and phrases if the word or phrase has a unique meaning (for example, "Laches", "Renvoi", "Treachery"). [31]
 
 IllustrationIndirect insultv. Title and headline
 
 Use topics and titles for clear ideas, headlings, and small headings, and numbers and characters for enumeration and continuous ideas. [32]
 Illustration
 Founder
 
 Accusation
 
 In the information submitted by ...
 
 Prosecutor's evidence
 
 I. Testimony evidence
 
 II. Document evidence
 
 Defense Evidence
 
 I. Testimonial Evidence
 
 II. Documentary Evidence
 
 Discussion
 
 Issues
 
 There were no issues
 
 Was the defendant in a state of insanity at the time of the shooting?
 
 III
 
 Self-defense not established
 
 What crime was committed: murder or manslaughter?
 
 Verdict
 
 vi. Italics [33]
 
 Italicize non-English words. A non-English word is one that is not in the latest Webster's Dictionary. If necessary, the word is followed immediately by a formal explanation or translation.
 
 Example
 
 Juuten (illegal numbers games) is a major social ill in this country.
 
 - Newspaper and Magazine Names
 
 Italicize the names of newspapers and magazines.
 
 Example
 
 The auction announcement was published in The Daily Planet.
 
 vii. Emphasize Words [34]
 
 Use italics or bold to emphasize certain words or phrases.
 
 Example
 
 The question of the lawfulness of a firing is distinct from the question of the lawfulness of the manner in which that firing was carried out.
 
 The question of the lawfulness of a firing is distinct from the question of the lawfulness of the manner in which that firing was carried out.
 
 - Use of words as words
 
 Use quotation marks or italics when (a) referring to a word as a word or a phrase as a phrase, or (b) providing a definition.
 
 Example:
 
 The phrase pay to the order of on the face of a cheque indicates that the cheque is negotiable.
 
 Payment means the delivery of money or the performance of an obligation in any other way.
 
 viii. Numbers [35]
 
 - Spell out numbers from zero to nine and use numerals for 10 and above. Use commas for large numbers, i. e., numbers with four or more digits.
 
 - If numbers are important, write them as both words and numerals and enclose the numbers in parentheses.
 
 Example:
 
 The accused is guilty of 13 counts of embezzlement.
 
 1. Numbers grouped for comparison
 
 When comparing numbers of a particular category in a sentence or paragraph, use numerals for all the numbers in that category.
 
 Example:
 
 21 from Laguna, 9 from Batangas, 7 from Sorsogon, 46 from Samar, and 12 from Zambales.
 
 2. Adjacent Numbers
 
 To clarify consecutive modifiers, spell out the smaller number. If the numbers are the same, write only one.
 
 Elim Poon - Journalist, Creative Writer
 Last modified: 27.08.2024
 
 61 The Supreme Court unanimously held that it was amenable to such challenge and declared the prorogation unlawful. The merits of those decisions have been the. Relying on a series of statistical tests using logistic regression, we find that the justices take seriously this jurisprudential regime. oes law influence the. 16 While this practice does not require a unanimous vote,17 it does lead to decisions that take into account the views of all justices on the courts. And as.

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accepted