A Step-by-Step Guide to Writing Pleadings in the Philippines

Persuasion is the strongest skill a litigator must have.

At any stage of a lawyer’s life, reading and writing are twin tasks we have to accomplish day in and day out. The writing aspect consists of drafting pleadings to be filed with the Philippine Courts and sent to the opposing party. Between the two, this is arguably the hardest part as it seeks to apply the information you got from reading.

This easy-to-follow guide breaks down the complexities involved in the process of how to make a pleading, including a sample format and some common mistakes to avoid.

What is a Legal Brief?

A pleading is a written document containing a lawyer’s arguments and legal bases supporting his/her client’s cause. It lists down the issues sought to be resolved in court proceedings and the counter-arguments we have against the opposing party. Aside from these, it also includes the reliefs we seek for our client and for the Court to ultimately rule in our favor.

There are two general pleadings in the Philippines: the complaint and the answer.

The complaint under the Rules of Civil Procedure is a pleading containing a client’s claims or allegations against another party. This is also called an initiatory pleading since it is not responding to any pleading filed by a party.

An answer on the other hand is a pleading filed in response to a complaint containing an opposing party’s defenses. This is called a subsequent pleading. 

What makes a Legal Brief Good

A pleading aims to persuade the Court to rule in your client’s favor. Thus, it is needed that the pleading is easy to understand among other things. Some hallmarks to look out for (and adapt) in good pleading drafting are as follows:

• Clear Legal Terms 

In pleading writing, it is very important to incorporate generally used legal terms. In this way, the Court is given a narrower room for interpretation and will be able to decide based on the allegations or defenses you actually want to use for your arguments.

In Tort cases involving car accidents, an example of such may be instead of using the phrase “the defendant acted negligently”, you may opt to write “the defendant failed to perceive the traffic signs clearly seen within his/her line of sight”.

• Concise Arguments

Pleadings are lengthy as it is because of the number of portions needed to be included in them, not to mention the required attachments and certifications. Thus, in order for the Court to recognize your efforts in not wasting their time lengthy yet unnecessary briefs, avoid using filler words such as “basically”, “literally”, or “actually” if they are not pertinent to your arguments.

Instead, go straight to the point in order for the Court to focus on the important arguments you wish to establish.  

• Logically Structured Sentences

Everything about a pleading is strategic. Every word used, every punctuation put, and every sentence written must be responsive to your client’s cause. Thus, unlike in typical media writing, repetitiveness in the words and sentence structures used is of utmost importance.

For instance, if your client wants to prove the existence of a violation of Article 308 of the Revised Penal Code or Theft, his/her pleading must include in its sentences the phrases “with intent to gain”, “take the personal property of another”, and “without [your client’s] consent”. In this manner, the Court will no longer question the existence of theft in your complaint.

How to make a Legal Brief?

Now that we’ve understood the purposes and importance of good pleading writing, it is now time to learn how to make one formally. We created an 8-step guide on how to draft a pleading, hassle-free!

1. Understand your Client’s Cause

Prior to drafting a pleading, we get multiple opportunities to meet our clients and to get to know their complaints or defenses. At this stage, it is important to first take notes on the grievances your client wants to take up with the opposing party and to ask the right follow-up questions. 

Non-verbal cues are as important as your words because you have to make your clients feel safe. Don’t forget to smile, uncross those arms, and ask engaging yet relevant questions.   

2. Research Thoroughly

Now that you’ve got a glimpse of your client’s arguments, research will play an important part in forming your pleading provisions. Consulting online search engines on the applicable legal bases you can use for your pleading will no longer be a tedious task since updated laws are compiled here. 

3. Create an Initial Outline

To organize your eventual pleading drafting, a skeletal outline of the important parts to put is an essential step. A basic format to follow involves the following sections:

• Statement of Facts

A clear and concise summary of the relevant facts. 

• Issues

The legal questions or issues that the brief will address are listed down here.

• Argument/s

This is a detailed analysis and application of the law to the facts.

• Relief/ Prayer for Relief: 

This portion states the specific reliefs or being sought from the court.

• Appendices

This part includes pieces of evidence mentioned in the pleading

 4. Draft the Title Page

To get the ball rolling, have the important information of the case at hand. A standard format for this will be provided below in the “Sample Legal Brief Format in the Philippines” portion.

5. Write the Statement of Facts

The Statement of Facts include the arguments or defenses the client wishes to have the Court consider. The statements must be contained in paragraphs numbered chronologically and include the ultimate facts or those that form the essential basis of a claim or defense. Each paragraph must contain a maximum of 3 sentences to maintain conciseness. 

6. Define Issues

Pleadings typically contain 2-3 legal issues the client wants the Court to resolve. These are in question form and must include a factual issue and a legal issue. A factual issue pertains to questions on whether a certain circumstance did happen. Legal issues on the other hand are those putting the application of laws to the factual statements in question.

 7. Develop your Argument/s

The Argument section contains the arguments or defenses the client wishes to have the Court consider. These must be contained in paragraphs numbered chronologically. Each paragraph must contain a maximum of 3 sentences to maintain conciseness. Always consider the following when developing your arguments in a pleading.

• State the Law: Cite relevant statutes, case laws, or regulations.

• Apply the Law to Facts: Explain how the law applies to the facts of your case. Provide a logical analysis that connects the legal principles with the facts.

• Support with Precedents: Refer to relevant precedents that support your position. Discuss how these precedents influence the current case.

• Anticipate Counterarguments: Address potential counterarguments and explain why they are unpersuasive or incorrect.

8. State the Reliefs/ Prayers 

The Prayer should clearly request specific relief, such as a ruling in favor of your client or dismissal of the case. Additionally, it must include the value of damages or claims you wish to be indemnified for. 

In order for the Court to properly give your other reliefs not specifically prayed for in your pleading, always include the sentence “All other just and equitable reliefs are also prayed for” at the end of this portion.

Sample Legal Brief Format in the Philippines

Common Mistakes in Writing a Legal Brief

Knowing how to draft a pleading entails a learning curve and included in this are common mistakes committed in the writing process. Being aware of these blunders helps lawyers avoid them. Some of the observed mistakes are as follows:

1. Basic Grammatical Errors

Since pleadings can be lengthy, it might be difficult to reread and recheck every single time. Thus errors in syntax & grammar might be inevitable. However, this can be avoided by having your pleadings reread by a trusted third party privy to the case or making an extra effort in rechecking your arguments and reflecting on them if they make sense grammatically.

2. Failure to Follow Format

The Supreme Court has released AM No. 11-9-4-SC or the “Efficient Use of Paper Rule” just last year. This provides for the particularities in the format of a pleading such as the font size, paragraph spacing, and margins. Always come back to this issuance in order to avoid simple formatting errors.

3. Unnecessary Length

It is understandable that lawyers tend to provide as much information as we can on the cause of action of our client. This is to ensure that the Court acknowledges your arguments and to eventually rule in your favor. 

However, this might have a contrary effect since there is a tendency to include information that are irrelevant to your client’s cause of action. As much as possible, avoid adding unnecessary facts and arguments that do nothing much to the persuasive quality of your pleading. 

Key Takeaways

• A pleading is a written document containing a lawyer’s arguments and legal bases supporting his/her client’s cause

• A good pleading is clear, concise, and logically structured.

• The 8 steps in writing a pleading includes understanding your client’s cause, researching, creating an outline, drafting the important information, writing the facts, defining issues, developing arguments, and specifically listing down your prayed for reliefs.

• Common mistakes in pleading writing include basic grammatical errors, failure to follow legal format, and unnecessarily lengthy pleadings.

Frequently Asked Questions (FAQs)

What is a pleading in law?

A pleading is a written document containing a lawyer’s arguments and legal bases supporting his/her client’s cause

What does a good brief look like?

A good brief persuades the Court to rule in your client’s favor. It is clear, concise, and logical.

Who writes the brief?

Generally, lawyers write pleadings for their clients with the help of paralegals or legal assistants in the research portion.

How to plan a brief?

Drafting a pleading usually starts with getting to know your client’s cause before engaging in legal research. An outline of your initial findings and arguments will help give your pleading more structure.

Conclusion

Drafting a pleading is a common task of lawyers that is rarely, if ever, taught in law school. To add to your existing knowledge, this easy guide on how to format, draft, and avoid mistakes in pleading writing is your key to good pleadings and hopefully, successful cases for your clients’ causes.