Oalt 40033 Legal Transcription

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OALT 40033 Legal Transcription
Bachelor of Science in Business Administration (Polytechnic University of the

Philippines)
Studocu is not sponsored or endorsed by any college or university

Downloaded by Santillan, Janzel B. ([email protected])
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Polytechnic University of the Philippines

COLLEGE OF BUSINESS ADMINISTRATION
DEPARTMENT OF OFFICE ADMINISTRATION
Sta. Mesa, Manila
INSTRUCTIONAL MATERIALS
for
OALT 40033
LEGAL TRANSCRIPTION
PREPARED By:
Raquel G. Javier
Julius C. Sabando
Second Semester, SY 2021-22
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INTRODUCTION
Welcome to LEGAL TRANSCRIPTION course. This Instructional Material (IM) has been
designed to help you gain knowledge on legal vocabularies and terminologies applied in the
different judicial system and in the Philippine law system – civil law, criminal law, business law,
labor laws, and the like. It begins with the roles and responsibilities of various professionals
encountered in a legal setting. Then it explores the workings of the court system, time and
financial management, organizational skills, communication skills, the production and processing
of legal documents, and legal transcription and citation. The content you study will help prepare
you to enter the workforce now and to face the changes you will encounter in the future.
Happy learning!
Course Requirement/s:
1. Students will complete the learning activities as assigned.
2. At the end of the semester, students will return the instructional materials
for grading purposes.
Course Grading System:
Class standing
Quizzes 70%
Learning Activity/Projects/Assignments
Midterm / Final Exam 30%
Midterm Grade (First Grading) + Final Term Grade (Second Grading) 100%
2 FINAL GRADE
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Week 1
ORIENTATION
Introduction of the course contents, VMGO of the University, course

overview, requirements and activities and expectations.
The PUP Philosophy
As a state university, the Polytechnic University of the Philippines

believes that:
• Education is an instrument for the development of the citizenry

and for the enhancement of nation building; and
• That meaningful growth and transmission of the country are best

achieved in an atmosphere of brotherhood, peace, freedom,
justice and nationalist-oriented education imbued with the spirit of
humanist internationalism.
Mission of the College
In order to realize its vision of quality education, research program and involvement in the socio-
economic activities of the country, the college with its available resources must consider initiating
the following:
• Refine knowledge on the developments affecting on business trends, issues and techniques
used in the dynamic global market through research and continuing education, and
Information and Communications Technology (ICT);
• Build a team of confident, creative students possessing a high degree of initiative, self-respect
and self-discipline;
• Develop communication protocol on standards as agreed upon, and imbue the same with
social consciousness and moral values;
• Promote the dignity of work and professional growth and then attract and retain the best in
global talent;
• Build a value proposition thru culture of excellence and innovations, enabled by best in market
talent and superior operating effectiveness and flexibility;
• Establish linkages and networking with industries, alumni, local an d foreign business
executives to hasten professional growth among its faculty, students and administrative
staff;
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• Provide equal opportunity to underprivileged but intellectually qualified students through

scholarship programs;
• Measure up to the standards of academic excellence in global market;
• Advance the growth of aspiring and socially responsible entrepreneurs; and
• Respond to the technical needs of a community by providing extension services.
Department of Office Administration
Primarily, the department desires to provide quality education in the field of office administration
with focus on medical, corporate and legal transcriptions. For this reason, the department offers
a four-year degree course leading to Bachelor of Science in Office Administration, and a non-
degree course also in this field; the Certificate in Office Administration and Associate in Office
Administration. All of these courses were considered in the light of high demand for
transcriptionists in the country.
Objectives
• Equip its graduates with knowledge, skills and competencies, values and attitudes that
prepare them for the demands of a constantly evolving global market in Office Administration.
• Provide the students with an environment conducive to critical thinking through research,
extension and production.
• Inculcate in the student’s consciousness a positive self-concept, values and attitudes that will
make them cope with the demands of work.
• Instil in the student the desire to excel and to lead in the community and in the field of Office
Administration.
• Promote a deep sense of nationalism and pride in the student’s own culture and national
identity.
The Department of Office Administration offers the following program: Bachelor of Science in
Office Administration major in Legal Transcription / Medical Transcription / Corporate
Transcription
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INTRODUCTION
Learning the language of the law is similar in some ways to learning a new language. At first,
many words and phrases may sound foreign to your ears and difficult to memorize. It is
nevertheless essential to understand their meaning and usage in order to carry out the most basic
legal functions. A more subtle difficulty lies in learning new ways to use familiar words and
phrases. For example, in legal terms the word court serves not only to refer to the judicial branch
of government or the place where legal disputes are decided. The term is used quite commonly
to refer to the judge and related administrative personnel involved in deciding a particular matter.
The term court may also signify all the judges in a district or country.
When dealing with legal matters or starting an education in law, there are basic terms that can
help you understand courtroom and legal documents. Legal wording can be very complex and
almost inaccessible if you do not have a basic knowledge of the important terms. Many people
consider legalese a separate language of its own, requiring specific training just to understand.
Much like learning a foreign language, developing a basic understanding of some of the essential
terms can help you navigate legal documents. Since legal transcription requires specific
definitions and wording, it's important to know the exact meaning of each term, even if they
already seem familiar.
REVIEW OF BASIC LEGAL TERMS
Processes in Court
There are several terms that are good to know regarding processes and practices in court.
Docket: An outline and documentation of what happens during a court case and all of its
proceedings.
Arraignment: One of the first court proceedings, where the defendant has to appear in court,
hear the listing of their crimes, and state whether they are not guilty or guilty. This determines the
rest of the court proceedings.
Deposition: A statement provided to an officer of the law or lawyer, which is usually used to
determine credibility and reliability of a witness.
Subpoena: A requirement by the court to show up and testify as needed. This is not a negotiable
demand. You must show up, otherwise you are going against the wishes of the court and can be
accused of a crime.
Example:
Mark received a subpoena from the court to show up for a deposition before the
arraignment was scheduled.
Judgement Terms
The first selection of terms has to do with words and phrases seen in the courtroom regarding
judgements on cases.
Acquit: Being found not guilty by a jury or judge, or the determination that there was not enough
evidence to convict beyond a reasonable doubt.
Guilty: Admitting to committing the crime.
Malpractice: A person who had a responsibility for care and ignored or completely
disregarded their responsibility.
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Negligence: A situation in which someone did not pay attention or take the requisite level of care.
Not-Guilty: A declaration of innocence, that a person did not commit the crime.
Not-Guilty by Reason of Insanity: Stating that the person was not in a mind to understand the
crime being committed.
No Contest: Neither admitting nor denying the crime, but an acceptance of the accusation.
Perjury: Lying under oath in court.
Example:
Melanie plead not-guilty to the crime of malpractice. She was eventually acquitted when it
was determined that the accuser committed perjury in court.
Legal Terms Used with Clients
Although many terms are used in the court and with clients, there is still some general terminology
that may be used in non-court settings.
Custodian: A guardian of a child who is responsible for money allocation.

Diligence: Opposite of negligence, this shows proper care of a subject or situation.
Easement: The permission that is provided to someone to access a piece of property in
perpetuity, such as for mineral rights.
Executor: An individual that is responsible for executing a will, or following the wishes of a will
and testament.
Good Faith: Behaviour and actions that are honest and not used to deceive or commit a crime.
Living Will: A document that is used like a will, but if the person is still alive but cannot make
decisions. For instance, if the person was in a coma.
Tort: A civil crime or issue.
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Week 2
CHAPTER 1
ROLE OF A LEGAL TRANSCRIPTIONIST
Learning Objectives
At the end of this lesson, you should be able to:
1. Discuss the roles of a legal transcriptionist as a court reporter.

2. Apply the role of a legal transcriptionist in the workplace.
Course Materials
What to Expect From a Career as a Legal Transcriptionist
Legal transcriptionists listen to dictated recordings made by attorneys, paralegals, and other legal
professionals and then transcribe them into legal documents. They generally listen to recordings
on a headset, using a foot pedal to pause the recording when necessary, and key the text into a
computer.
The documents they produce can include correspondence, pleadings, motions, discovery, legal
memorandums, agreements, and time entries. Documents that have been transcribed can end
up being produced in court.
A. As a court reporter
The Difference Between a Legal Transcriptionist and a Court Reporter
Transcriptionists use a computer keyboard to transcribe dictated recordings. This differs from a
court reporter, who uses stenography equipment to transcribe the spoken word.
A court reporter is charged with capturing "live" conversation—dialogue as it occurs in a courtroom
or a deposition where testimony is taken prior to court proceedings. A transcriptionist types
dictation. The attorney records what she wants to say in correspondence, memos, or the content
of legal documents. The pace is typically slower and more deliberate than the testimony of a
witness in court.
Job Duties
Legal transcriptionists must continually edit the information they transcribe for clarity. They must
ensure that the transcribed copy is free of spelling, punctuation, grammar, and typographical
errors.
Legal transcriptionists might also perform administrative duties such as organizing and filing
legal documents and tracking deadlines.
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Necessary Skills
Legal transcriptionists must have a knack for grammar and the written word, as well as extremely
good listening skills. They must have the ability to comprehend the content of the dictated material
they're transcribing. Other key skills include:
• Proficiency with transcription software

• Fast (85+ words per minute) and accurate keyboarding skills
• Solid understanding of legal terminology
• Excellent command of the English language
• Strong proofreading skills
• Proficiency with popular word processing, spreadsheet, and billing software applications
• Above average computer skills
Comprehensive knowledge of the legal system can be very helpful as well, particularly for those
who have an eye on advancing to a paralegal position.
Training and Education
A high school diploma and experience in an office or legal setting are often the only requirements
necessary for an entry-level position. Legal transcriptionists often receive on-the-job training from
an attorney, paralegal, or office manager.
Many community colleges, vocational schools, and technical schools offer legal transcription
training programs to help expand your employment options, however. You can complete some
programs in as little as five months or earn a certificate in legal transcription in as little as one
year's full-time study. You can earn an associate degree in legal transcription technology in two
years.
Legal transcriptionist career diploma programs are also sometimes available online, such as
with CourtReporterEDU or TranscribeAnywhere, if squeezing in classroom time is difficult for you.
They teach legal concepts and the basics of the U.S. legal system, as well as the art of legal
research, common legal terms, and jurisdictional laws. But many go beyond that. They'll also train
you in areas such as time management and communications skills. If you opt for a classroom
setting, you'll most likely also gain the benefit of "real life" practice exercises.
Some other core courses found in a legal transcriptionist training program include word
processing and typing, court reporting theory, English and editing for transcription, computer-
aided transcription, legal dictionary building, and basic dictionary building.
Suggested Readings:
https://www.thebalancecareers.com/legal-transcriptionist-2164347
Assignment No. 1
What is a legal transcriptionist? Attach/Paste a picture or share someone you know.

Discuss the roles of a legal transcriptionist as a court reporter.
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Week 3-4
Chapter 2
Review on the structure and functions of the Judicial system in the Philippines
Learning Objectives
At the end of this lesson, you should be able to:
1. Discuss the basic features and importance of Judicial System in the Philippines
2. Identify the different judicial systems in the Philippines
3. Discuss the basic concept, principles and functions of the Judicial Systems in the Philippines
Course Materials
JUDICIAL SYSTEM OF THE PHILIPPINES
A barangay (/bɑːrɑːŋˈɡaɪ/; abbreviated as Brgy. or Bgy.), sometimes referred to by its archaic

name barrio (abbreviated as Bo.), is the smallest administrative division in the Philippines and is
the native Filipino term for a village, district, or ward.
Judicial power rests with the Supreme Court and the lower courts, as may be established by law
(Art. VIII, sec. 1). The judiciary enjoys fiscal autonomy. Its appropriation may not be reduced by
the legislature below the appropriated amount the previous year (Art. VIII, sec. 2). The Rules of
Court of the Philippines as amended and the rules and regulations issued by the Supreme Court
define the rules and procedures of the Judiciary. These rules and regulations are in the form of
Administrative Matters, Administrative Orders, Circulars, Memorandum Circulars, Memorandum
Orders and OCA Circulars. To inform the members of the Judiciary, legal profession and the
public of these rules and regulations, the Supreme Court disseminates this rules and regulations
to all courts, publishes important ones in newspapers of general circulation, prints in book or
pamphlet form and now downloads them in the Supreme Court website and the Supreme Court
E-Library website.
Department of Justice Administrative Order No. 162 dated August 1, 1946 provided for the Canon
of Judicial Ethics. Supreme Court of the Philippines promulgated a new Code of Judicial Conduct
for the Philippine Judiciary effective June 1, 2004 (A.M. No. 03-05-01-SC), which was published
in two newspapers of general circulation on May 3, 2004 (Manila Bulletin & Philippine Star) and
available on its website and the Supreme Court E-Library website.
The Supreme Court promulgated on June 21, 1988 the Code of Professional Responsibility for
the legal profession. The draft was prepared by the Committee on Responsibility, Discipline and
Disbarment of the Integrated Bar of the Philippines.
A Code of Conduct for Court Personnel (A.M. No. 03-06-13-SC) was adopted on April 13,
2004, effective June 1, 2004, published in two newspapers of general circulation on April 26,
2004 (Manila Bulletin & Philippine Star) and available at its website and the Supreme Court E-
Library website.
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Supreme Court of the Philippines
The barangay chiefs exercised judicial authority prior to the arrival of Spaniards in 1521. During
the early years of the Spanish period, judicial powers were vested upon Miguel Lopez de Legaspi,
the first governor general of the Philippines where he administered civil and criminal justice under
the Royal Order of August 14, 1569.
The Royal Audencia was established on May 5, 1583, composed of a president, four oidores
(justices) and a fiscal. The Audencia exercised both administrative and judicial functions. Its
functions and structure were modified in 1815 when its president was replaced by a chief justice
and the number of justices was increased. It came to be known as the Audencia Territorial de
Manila with two branches, civil and criminal. Royal Decree issued July 24, 1861 converted it to a
purely judicial body wherein its decisions were appealable to the Supreme Court of the Philippines
to the Court of Spain in Madrid. A territorial Audencia in Cebu and Audencia for criminal cases in
Vigan were organized on February 26, 1898. The Audencias were suspended by General
Wesley Merrit when a military government was established after Manila fell to American forces in
1898. Major General Elwell S. Otis re-established the Audencia on May 29, 1899 by virtue of
General Order No. 20. Said Order provided for six Filipino members of the Audencia. Act No.
136 abolished the Audencia and established the present Supreme Court on June 11, 1901 with
Cayetano Arellano as the first Chief Justice together with associate justices, the majority of whom
were American. Filipinization of the Supreme Court started only during the Commonwealth, 1935.
Administrative Code of 1917 provided for a Supreme Court with a Chief Justice and eight
associate Justices. With the ratification of the 1935 Constitution, the membership was increased
to 11 with two divisions of five members each. The 1973 Constitution further increased its
membership to 15 with two (2) divisions.
Pursuant to the provisions of the 1987 Constitution, the Supreme Court is composed of a Chief
Justice and fourteen Associate Justices who shall serve until the age of seventy (70). The Court
may sit En Banc or in its three (3) divisions composed of five members each. A vacancy must be
filled up by the President within ninety (90) days of occurrence.
Article VIII, sec. 4 (2) explicitly provides for the cases that must be heard En Banc and sec. 4 (3)
for cases that may be heard by divisions. (Constitution, Art. VIII, sec. 4, par.1) Judiciary
Reorganization Act of 1980 transferred from the Department of Justice to the Supreme Court
the administrative supervision of all courts and their personnel. This was affirmed by Art. VIII,
sec. 6 of the 1987 Constitution. To effectively discharge this constitutional mandate, The Office
of the Court Administrator (OCA) was created under Presidential Decree No. 828, as mended by
Presidential Decree No. 842, and and its functions further strengthened by a Resolution of the
Supreme Court En Bans dated October 24, 1996. Its principal function is the supervision and
administration of the lower courts throughout the Philippines and all their personnel. It reports
and recommends to the Supreme Court all actions that affect the lower court management. The
OCA is headed by the Court Administrator, three (3) Deputy Court Administrators and three (3)
Assistant Court Administrators.
According to the 1987 Constitution, Art. VIII, sec. 5, The Supreme Court exercises the following
powers:
Exercise jurisdiction over cases affecting ambassadors, other public ministers and consuls, and
over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus.
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Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the Rules of Court
may provide final judgments and orders of lower courts in:
All cases ion which the constitutionality or validity of any treaty, international or executive
agreement, law, presidential decree, proclamation, order, instruction, ordinance, or
regulation is in question.
All cases involving the legality of any tax, impost, assessment, or toll, or any penalty
imposed in relation thereto.
All cases in which the jurisdiction of any lower court is in issue.
All criminal cases ion which the penalty imposed is reclusion Perpetua or higher.
All cases in which only an error or question of law is involved.
Assign temporarily judges of lower court to other stations as public interest may require.
Such temporary assignment shall not exceed six months without the consent of the judge
concerned.
Order a change of venue or place of trial to avoid a miscarriage of justice.
Promulgate rules concerning the protection and enforcement of constitutional rights,

pleading, practice, and procedure in all courts, the admission to the practice of law, the Integrated
Bar, and legal assistance to the underprivileged. Such rules shall provide a simplified and
inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts the same
grade, and shall not diminish, increase or modify substantive rights. Rules of procedure of special
courts and quasi-judicial bodies shall remain effective unless disapproved by the Supreme Court.
Appoint all officials and employees of the Judiciary in accordance with the Civil Service Law (Sec.
5 , id.).
CITY COURTS
The Second Level Courts
Regional Trial Courts are also known as Second Level Courts, which were established among
the thirteen judicial regions in the Philippines consisting of Regions I to XII and the National Capital
Region (NCR). There are as many Regional Trial Courts in each region as the law mandates.
RTCs were formerly called as the Court of First Instance since the Spanish era. It was only in the
Judiciary Reorganization Act of 1980 that its name was changed from being called the Court of
First Instance to Regional Trial Court.
Regional Trial Courts
They are called the second level courts and are divided into thirteen (13) judicial regions: National
Capital Region (Metro Manila) and the twelve (12) regions of the country, which are divided into
several branches. The jurisdictions are defined in sec. 19-23 of Batas Pambansa Blg. 129 as
amended by Republic Act No. 7671. The Supreme Court designates certain branches of regional
trial courts as special courts to handle exclusively criminal cases, juvenile and domestic relations
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cases, agrarian cases, urban land reform cases which do not fall under the jurisdiction of quasi-
judicial bodies. The Supreme Court issues resolutions designating specific branches of the
Regional Trial Courts as special courts for heinous crimes, dangerous drugs cases, commercial
courts and intellectual property rights violations. Special rules are likewise promulgated. A.M. No.
00-8-10-SC is a resolution of the Court En Banc on the Rules of Procedure on Corporate
Rehabilitation. The Interim Rules was promulgated in November 2000 and December 2008
affects special commercial courts. Some Regional Trial Courts are specifically designated to try
and decide cases formerly cognizable by the Securities and Exchange Commission (A.M. No. 00-
11-030SC)
Some branches of the Regional Trial Courts have been designated as family courts (A.M. No. 99-
11-07) because the family courts to be established pursuant to Republic Act No. 8369 of the
Family Court Law of 1997 have not yet been organized. Pursuant to Republic Act No. 8369, the
Family Court Law of 1997, some branches of the Regional Trial Courts have been designated as
family courts (A.M. No. 99-11-07).
The Regional Trial Courts’ jurisdictions are defined as follows:
Exercise exclusive original jurisdiction in Civil Cases as follows:
o All civil actions in which the subject of the litigation is incapable of pecuniary
estimation;
o All civil actions which involve the title to, or possession of real property, or any
interest therein, where the assessed value of the property involved exceeds twenty
thousand pesos (P 20,000.00) or, civil actions in Metro Manila, where such value
exceeds Fifty thousand pesos (P 50,000.00) except actions for forcible entry into
and unlawful detainer of lands or buildings, original jurisdiction over which is
conferred upon the MeTCs, MTCs, and MCTCs;
o All actions in admiralty and maritime jurisdiction where the demand or claim
exceeds one hundred thousand pesos (P 100,000.00) or, in Metro Manila, where
such demand or claim exceeds two hundred thousand pesos (P 200,000.00);
o All matters of probate, both testate and intestate, where the gross value of the
estate exceeds One hundred thousand pesos (P 100,000.00) or, in probate
matters in Metro Manila, where such gross value exceeds Two hundred thousand
pesos (P 200,000.00);
o All actions involving the contract of marriage and marital relations;
o All cases not within the exclusive jurisdiction of any court, tribunal, person or
body exercising judicial or quasi-judicial functions;
o All civil actions and special proceedings falling within the exclusive original
jurisdiction of a Juvenile and Domestic Relations Court and of the Court of Agrarian
Relations as now provided by law; and
o All other cases in which the demand, exclusive of interest, damages of whatever
kind, attorney’s fees, litigation expenses and costs or the value of the property in
controversy exceeds One hundred thousand pesos (P 100,000.00) or, in such
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other cases in Metro Manila, where the demand, exclusive of the above-mentioned
items exceeds Two hundred pesos (P 200,000.00) (Sec. 19, Batas Pambansa Blg.
129, as amended by R.A No. 7691).
Exercise original jurisdiction in other cases as follows:
• The issuance of writs of certiorari, prohibition, mandamus, quo warranto, habeas corpus,
and injunction which may be enforced in any part of their respective regions; and
• Actions affecting ambassadors and other public ministers and consuls.
They shall exercise appellate jurisdiction over MeTCs, MTCCs, MTCs, and MCTCs in their
respective territorial jurisdiction.
Metropolitan Trial Courts (MeTC), Municipal Trial Courts in Cities (MTCC), Municipal Trial Courts
(MTC) and Municipal Circuit Trial Courts (MCTC)
These are called the first level courts established in each city and municipality. Their jurisdiction
is provided for by section 33, 35 of Batas Pambansa Blg 129. Their jurisdiction has been
expanded by special laws namely Republic Act Nos. 9276, 9252, 9305, 9306, and 9308.
MeTCs, MTCCs, MTCs, and MCTCs shall exercise original jurisdiction in Civil Cases as provided
for in section 33 of Batas Pambansa Blg. 129 is as follows:
• Exclusive original jurisdiction over civil actions and probate proceedings, testate
and intestate, including the grant of provisional remedies in proper cases, where the value
of the personal property, estate or amount of the demand does not exceed One hundred
thousand pesos (P 100,000.00) or, in Metro Manila where such personal property, estate
or amount of the demand does not exceed Two hundred thousand pesos (P 200,000.00),
exclusive of interests, damages of whatever kind , attorney’s fees, litigation expenses, and
costs the amount of which must be specifically alleged: Provided, That interests, damages
of whatever kind, attorney’s fees, litigation expenses and costs shall be included in the
determination of the filing fees. Provided further, That where there are several claims or
causes of action between the same or different parties embodied in the same complaint,
the amount of the demand shall be the totality of the claims in all the causes of action
arose out of the same or different transactions;
• Exclusive original jurisdiction over cases of forcible entry and unlawful detainer:
Provided, That when, in such cases, the defendant raises the question of ownership in his
pleadings and the question of ownership in his pleadings and the question of possession
cannot be resolved without deciding the issue of ownership, the issue of ownership shall
be resolved only to determine the issue of possession; and
• Exclusive original jurisdiction in all civil actions which involve title to, or possession
of, real property, or any interest therein where the assessed value of the property or
interest therein does not exceed Twenty thousand pesos (P 20,000.00) or, in civil actions
in Metro Manila, where such assessed value does not exceed Fifty thousand pesos (P
50,000.00) exclusive of interest, damages of whatever kind, attorney’s fees, litigation
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expenses and costs: Provided, That in cases of land not declared for taxation purposes
the value of such property shall be determined by the assessed value of the adjacent lots
(Sec. 33, Batas Pambansa Blg. 129).
Section 33 of Batas Pambansa Blg. 129 provides that the Supreme Court may designate
MeTCs, MTCCs, MTCs, and MCTCs to hear and determine cadastral or land registration
cases where the value does not exceed one hundred thousand pesos (P100,000.00).
Their decision is can be appealed in the same manner as the Regional Trial Courts.
The MeTCs, MTCCs, MTCs, and MCTCs are empowered to hear and decide petitions for
a writ of habeas corpus or applications for bail in criminal cases in the province or city in
the absence of the Regional Trial Court Judges.
By virtue of A.M. No. 08-8-7-SC, enacted September 9, 2008 and effective October 1-
2008, the Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts
and Municipal Circuit Trial Courts were designated to try small claims cases for payment
of money where the value of the claim does not exceed One Hundred Thousand Pesos
(P100,000.00) exclusive of interest and costs. These courts shall apply the rules of
procedure provided in A.M. No. 08-8-7-SC in all actions “which are: (a) purely civil in nature
where the claim or relief prayed for by the plaintiff is solely for payment or reimbursement
of sum of money, and (b) the civil aspect of criminal actions, either filed before the
institution of the criminal action, or reserved upon the filing of the criminal action in court,
pursuant to Rule 111 of the Revised Rules Of Criminal Procedure.”
Shari’a Courts
These special courts were created by sec. 137 of Presidential Decree No. 1083 or the
Code of Muslim Personal Laws. The judges should possess all the qualifications of a
Regional Trial Court Judge and should also be learned in Islamic law and jurisprudence.
Articles 143, 144, and 155 of Presidential Decree No. 1083 provides the jurisdiction of the
said courts as follows:
Shari’a District Courts (SDC) as provided for in paragraph (1), Article 143 of Presidential
Decree No. 1083, shall have exclusive jurisdiction over the following cases:
• All cases involving custody, guardianship, legitimacy, paternity and filiations arising
under the Code;
• All cases involving disposition, distribution and settlement of the estates of deceased
Muslims, probate of wills, issuance of letters of administration or appointment of
administrators or executors regardless of the nature or aggregate value of the property.
• Petitions for the declaration of absence and death and for the cancellation or correction
of entries in the Muslim Registries mentioned in Title VI of Book Two of the Code;
• All actions arising from customary contracts in which the parties are Muslim, if they did
not specified which law shall govern their relations; and
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• All petitions for mandamus, prohibition, injunction, certiorari, habeas corpus, and all
other auxiliary writs and processes in aid of its appellate jurisdiction.
The SDC in concurrence with existing civil courts shall have original jurisdiction over the
following cases (paragraph (2) of Article 143):
• Petitions by Muslims for the constitution of family home, change of name and
commitment of an insane person to any asylum
• All other personal and real actions not mentioned in paragraph (1) (d) wherein the parties
involved are Muslims except those for forcible entry and unlawful detainer, which shall fall
under the exclusive original jurisdiction of the MTCs;
• All special civil actions for interpleader or declaratory relief wherein the parties are
Muslims or the property involved belongs exclusively to Muslims.
Article 144 of Presidential Decree No. 1083 provides that the SDC within shall have
appellate jurisdiction over all cases tried in the Shari’a Circuit Courts (SCC) within their
territorial jurisdiction.
Article 155 of Presidential Decree No. 1083 provides that the SCCs have exclusive
original jurisdiction over:
• All cases involving offenses defined and punished under the Code;
• All civil actions and proceedings between parties who are Muslims or have been married
in accordance with Article 13 of the Code involving disputes relating to:
o Marriage;
o Divorce recognized under the Code;
o Betrothal or breach of contract to marry;
o Customary dower (mahr);
o Disposition and distribution of property upon divorce;
o Maintenance and support, and consolatory gifts (mut’a); and
o Restitution of marital rights.
• All cases involving disputes to communal properties.
Rules of procedure are provided for in articles 148 and 158. En Banc Resolution of the
Supreme Court in 183, provided the special rules of procedure in the Shari’a courts (Ijra-
at-Al Mahakim Al Sharia’a).
Shari’a courts and personnel are subject to the administrative supervision of the Supreme
Court. Appointment of judges, qualifications, tenure, and compensation are subject to the
provisions of the Muslim Code (Presidential Decree No. 1083. SDCs and SCCs have the
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same officials and other personnel as those provided by law for RTCs and MTCs,
respectively.
Quasi-Courts or Quasi-Judicial Agencies
Quasi-judicial agencies are administrative agencies, more properly belonging to the

Executive Department, but are empowered by the Constitution or statutes to hear and
decide certain classes or categories of cases.
Quasi-judicial agencies which are empowered by the Constitution are the Constitutional
Commissions: Civil Service Commission, Commission on Elections and the Commission
on Audit.
Quasi-judicial agencies empowered by statutes are: Office of the President. Department

of Agrarian Reform, Securities and Exchange Commission, National Labor Relations
Commission, National Telecommunication Commission, Employees Compensation
Commission, Insurance Commission, Construction Industry Arbitration Commission,
Philippine Atomic Energy Commission, Social Security System, Government Service
Insurance System, Bureau of Patents, Trademark and Technology, National Conciliation
Mediation Board, Land Registration Authority, Civil Aeronautics Board, Central Board of
Assessment Appeals, National Electrification Administration, Energy Regulatory Board,
Agricultural Inventions Board and the Board of Investments. When needed, the Supreme
Court issues rules and regulations for these quasi-judicial agencies in the performance of
their judicial functions. Republic Act No. 8799, known as the “Securities Regulation Code,”
reorganized the Securities and Exchange Commission (Chapter II) and provided for its
powers and function (sec.5). Specifically provided for in these powers and function is the
Commission’s jurisdiction over all cases previously provided for in sec. 5, Pres. Decree
No. 902-A (sec. 5.2). The Supreme Court promulgated rules of procedure governing intra-
corporate controversies under Republic Act No. 8799 (A.M. No. 01-2-04-SC).
The First Level Courts
Each city and municipality in the Philippines has its own trial court. These First Level Courts are
more commonly referred to as Metropolitan Trial Courts (MeTC), Municipal Trial Courts in Cities
(MTCC), Municipal Trial Court (MTC), and Municipal Circuit Trial Courts (MCTC). The MeTCs are
the first level courts in the Metropolitan Manila area. First level courts in cities outside Metropolitan
Manila are referred to as the MTCCs. The MTCs are first level courts that cover only one
municipality, whereas MCTCs cover multiple municipalities.
The Shari'a District & Circuit Courts

The Shari'a District Courts are equivalent to the Regional Trial Courts in rank, which were
established in certain provinces in Mindanao where the Muslim Code on Personal Laws is being
enforced. On the other hand, the Shari'a Circuit Courts are the counterpart of the Municipal Circuit
Trial Courts established in certain municipalities in Mindanao
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Supreme Court
The Supreme Court has both original and appellate jurisdiction. It exercises original jurisdiction
(cases are directly filed with the SC in the first instance without passing through any of the lower
courts) over cases affecting ambassadors, other public ministers and consuls, and over petitions
for certiorari, prohibition, mandamus, quo warranto, and habeas corpus. (Art. VIII, §5(1)). It also
has original jurisdiction over writs of amparo, habeas data and the environmental writ of kalikasan.
It exercises appellate jurisdiction to review, revise, reverse, modify, or affirm final judgments, and
orders of the lower courts in:
All cases in which the constitutionality or validity of any treaty, international or executive
agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation is
in question.
All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in
relation thereto.
All cases in which the jurisdiction of any lower court is in issue.
All criminal cases in which the penalty imposed is reclusion Perpetua or higher.
All cases in which only an error or question of law is involved.
The Supreme Court has administrative supervision over all courts and court personnel. (Article
VIII, §6) It exercises this power through the Office of the Court Administrator.
Composition of the Supreme Court
The Supreme Court shall be composed of a Chief Justice and fourteen Associate Justices. It may
sit en banc or, in its discretion, in divisions of three, five, or seven members. (Art. VIII, §4) Its
members shall be appointed by the President from a list of at least three nominees prepared by
the Judicial and Bar Council for every vacancy, without need of confirmation by the Commission
on Appointments. (Art. VIII, §9) Members of the Supreme Court are required to have proven
competence, integrity, probity and independence; they must be natural-born citizens of the
Philippines, at least forty years old, with at least fifteen years of experience as a judge of a lower
court or law practice in the country. (Art. VIII, §7) Justices shall hold office during good behavior
until they reach the age of seventy years, or become incapacitated to discharge the duties of
office. (Art. VIII, §11)
According to the 1987 Constitution, Art. VIII, sec. 5, The Supreme Court exercises the following
powers:
• Exercise jurisdiction over cases affecting ambassadors, other public ministers and consuls, and
over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus.
• Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the Rules of
Court may provide final judgments and orders of lower courts in:
o All cases ion which the constitutionality or validity of any treaty, international or executive
agreement, law, presidential decree, proclamation, order, instruction, ordinance, or
regulation is in question.
o All cases involving the legality of any tax, impost, assessment, or toll, or any penalty
imposed in relation thereto.
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o All cases in which the jurisdiction of any lower court is in issue.
o All criminal cases ion which the penalty imposed is reclusion perpetua or higher.
o All cases in which only an error or question of law is involved.
o Assign temporarily judges of lower court to other stations as public interest may require.
Such temporary assignment shall not exceed six months without the consent of the judge
concerned.
o Order a change of venue or place of trial to avoid a miscarriage of justice.
o Promulgate rules concerning the protection and enforcement of constitutional rights,

pleading, practice, and procedure in all courts, the admission to the practice of law, the
Integrated Bar, and legal assistance to the underprivileged. Such rules shall provide a
simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform
for all courts the same grade, and shall not diminish, increase or modify substantive rights.
Rules of procedure of special courts and quasi-judicial bodies shall remain effective unless
disapproved by the Supreme Court.
o Appoint all officials and employees of the Judiciary in accordance with the Civil Service
Law (Sec. 5 , id.).
The Supreme Court has adopted and promulgated the Rules of Court for the protection and
enforcement of constitutional rights, pleadings and practice and procedure in all courts, and the
admission in the practice of law. In line with this mandate of the Rules of Court and extrajudicial
killing and disappearances, the Supreme Court passed two important Resolutions: the Rule on
the Writ of Amparo, approved on September 25, 2007 and effective on October 24, 2007, and
the Rule on the Writ of Habeas Data, approved on January 22, 2008 and effective February 2,
2008. Amendments are promulgated through the Committee on Revision of Rules. The Court
also issues administrative rules and regulations in the form of court issuances and the Supreme
Court E-Library website.
The Judicial and Bar Council was created by virtue of Art. VIII, sec. 8. under the supervision of
the Supreme Court. Its principal function is to screen prospective appointees to any judicial post.
The Judicial and Bar Council has promulgated on October 31, 2000 its Rules (JBC-009) in the
performance of its function. It is composed of the Chief Justice as ex-officio Chairman, the
Secretary of Justice and representatives of Congress as ex-officio members, a representative of
the Integrated Bar, a professor of law, a retired member of the Supreme Court and a
representative of the private sector as members.
The Philippine Judicial Academy (PHILJA) is the “training school for justices, judge, court
personnel, lawyers and aspirants to judicial posts.” It was originally created by the Supreme
Court on March 16, 1996 by virtue of Administrative Order No. 35-96 and was institutionalized on
February 26, 1998 by virtue of Republic 8557. It is an important component of the Supreme Court
for its important mission on judicial education. No appointee to the Bench may commence the
discharge his adjudicative function without completing the prescribed court in the Academy. Its
organizational structure and administrative set-up are provided for by the Supreme Court in its En
Banc resolution ( Revised A.M. No. 01-1-04-sc-PHILJA).
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The Philippine Mediation Center was organized “pursuant to Supreme Court “en banc” Resolution
A.M. No. 01-10-5-SC-PHILJA, dated October 16, 2001, and in line with the objectives of the Action
Program for Judicial Reforms (APJR) to decongest court dockets, among others, the Court
prescribed guidelines in institutionalizing and implementing the mediation program in the
Philippines. The same resolution designated the Philippine Judicial Academy as the component
unit of the Supreme Court for Court-Annexed Mediation and other Alternative Dispute Resolution
(ADR) Mechanisms, and established the Philippine Mediation Center (PMC).”
Mandatory Continuing Legal Education Office was organized to implement the rules on Mandatory
Continuing Legal Education for members of the Integrated Bar of the Philippines (B.M. No. 850 –
“Mandatory Continuing Legal Education (MCLE)). It holds office in the Integrated Bar of the
Philippines main office.
Court of Appeals
The Court of Appeals was established on February 1, 1936 by virtue of Commonwealth Act No.
3 and is considered as the second highest tribunal in the country. It is composed of one presiding
justice and 68 associate justices, all of which are appointed by the President from a shortlist
submitted by the Judicial and Bar Council. The associate justices shall have precedence
according to the dates (or order, in case of similar appointment dates) of their respective
appointments. The qualifications for the justices of the Supreme Court also apply to members of
the Court of Appeals.
The Court of Appeals’ principal mandate is to exercise appellate jurisdiction on all cases not falling
within the original and exclusive jurisdiction of the Supreme Court. Its decisions are final except
when appealed to the Supreme Court on questions of law.
Commonwealth Act No. 3 (December 31, 1935), pursuant to the 1935 Constitution (Art VIII, sec.
1), established the Court of Appeals. It was formally organized on February 1, 1936 and was
composed of eleven justices with Justice Pedro Concepcion as the first Presiding Justice.
Its composition was increased to 15 in 1938 and further increased to 17 in 1942 by virtue of
Executive Order No. 4. The Court of Appeals was regionalized in the later part of 1944 when five
District Court of Appeals were organized for Northern, Central and Southern Luzon, for Manila
and for Visayas and Mindanao. It was abolished by President Osmena in 1945, pursuant to
Executive Order No. 37 due to the prevailing abnormal conditions. However, it was re-established
on October 4, 1946 by virtue of Republic Act No. 52 with a Presiding Justice and fifteen (15)
Associate Justices. Its composition was increased by the following enactments: Republic Act No.
1605 to eighteen (18); Republic Act No. 5204 to twenty-four (24); Presidential Decree No. 1482
to one (1) Presiding Justice and thirty-four (34) Associate Justices; Batas Pambansa Blg. 129 to
fifty (50); Republic Act No. 8246 to sixty-nine (69). With Republic Act No. 8246, the Court of
Appeals in Cebu, and Cagayan de Oro were established.
The jurisdiction of the Court of Appeals are as follows:
Original jurisdiction to issue writs of mandamus, prohibition, certiorari, habeas corpus, and quo
warranto, and auxiliary writs or processes, whether or not in aid of its appellate jurisdiction;
Exclusive original jurisdiction over actions for annulment of judgements of Regional Trial Courts;
and Exclusive appellate jurisdiction over all final judgements, resolutions, orders or awards of
Regional Trial Courts and quasi-judicial agencies, instrumentalities, boards or commission.
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The Court of Appeals shall also have the power to try cases and conduct hearings, receive
evidence and perform acts necessary to resolve factual issues raised in cases falling within its
original and appellate jurisdiction, including the power to grant and conduct new trials or
proceedings.
Batas Pambansa Blg. 129 changed the name of the Court of Appeals to Intermediate Appellate
Court. Executive Order No. 33 brought back its name to Court of Appeals.
Section 9 of Batas Pambansa Blg. 129 as amended by Executive Order No. 33 and Republic Act
No. 7902 provides for the jurisdiction of the Court of Appeals as follows:
• Original jurisdiction to issue writs of mandamus, prohibition, certiorari habeas corpus, and quo
warrant, and auxiliary writs or processes, whether or not in aid of its appellate jurisdiction;
• Exclusive original jurisdiction over actions for annulment of judgment of Regional Trial Courts;
and
• Exclusive appellate jurisdiction over all final judgments, decisions, resolutions, orders or awards
of Regional Trial Courts and quasi-judicial agencies, instrumentalities, boards or commissions,
including the Securities and Exchange Commission, the Social Security Commission, the
Employees Compensation Commission and the Civil Service Commission, except those falling
within the appellate jurisdiction of the Supreme Court in accordance with the Constitution, the
Labor Code of the Philippines under Presidential Decree No. 442, as amended, the provisions of
this Act, and of subparagraph (1) of the third paragraph and subparagraph (4) of the fourth
paragraph of Section 17 of the Judiciary Act of 1948.
The Supreme Court, acting on the recommendation of the Committee on Revision of the Rules of
Court, resolved to approve the 2002 Internal Rules of the Court of Appeals (A.M. No. 02-6-13-
CA) and amended by a resolution of the Court En Banc on July 13, 2004 (A.M. No. 03-05-03-
SC).
Pursuant to Republic Act No. 9372 otherwise known as the Human Security Act of 2007, the Chief
Justice issued Administrative Order No. 118-2007, designating the First, Second and Third
Divisions of the Court of Appeals to handle cases involving the crimes of terrorism or conspiracy
to commit terrorism and all other matters incident to the said crimes emanating from the
Metropolitan Manila and Luzon. For those emanating from Visayas, all divisions of the Court of
Appeals stationed in Cebu are designated to handle these cases while the Court of Appeals
stationed in Cagayan De Oro will handle cases from Mindanao.
Court of Tax Appeals
Created by Republic Act No. 1125 on June 16, 1954, it serves as an appellate court to review tax
cases. Under Republic Act No. 9282, its jurisdiction has been expanded where it now enjoys the
same level as the Court of Appeals. This law has doubled its membership, from three to six
justices.
The Supreme Court acting on the recommendation of the Committee on Revision of the Rules of
Court resolved to approve the Revised Rules of the Court of Tax Appeals (A.M. No. 05-11-07-
CTA) and amended by a resolution of the Court En Banc on November 22, 2005.
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The Court of Tax Appeals has exclusive appellate jurisdiction to review by appeal the following:
• Decisions of the Commissioner of Internal Revenue in cases involving disputed,

assessments, refunds of internal revenue taxes, fees or other charges, penalties imposed
in relation thereto, or other matters arising under the National Internal Revenue Code or
other laws administered by the Bureau of Internal Revenue;
• In actions of the Commissioner of Internal Revenue in cases involving disputed

assessments, refunds of internal revenue taxes, fees or other charges, penalties in
relation thereto, or other matters arising under the National Internal Revenue Code or
other laws administered by the Bureau of Internal Revenue, where the National Internal
Revenue Code provides a specific period of action, in which case the inaction shall be
deemed a denial;
• Decisions, orders or resolutions of the Regional Trial Courts in local tax cases originally
decided or resolved by them in the exercise of their original or appellate jurisdiction;
• Decisions of the Commissioner of Customs in cases involving liability for customs duties,
fees, or other money charges; seizure, detention or release of property affected; fines,
forfeitures or other penalties imposed in relation thereto; or other matters arising under the
Customs Law or other laws administered by the Bureau of Customs.
• Decisions of the Central Board of Assessment Appeals in the exercise of its appellate
jurisdiction over cases involving the assessment and taxation of real property originally
decided by the provincial or city board of assessment appeals;
• Decisions of the Secretary of Finance on customs cases elevated to him automatically for
review from decisions of the Commissioner of Customs which are adverse to the
Government under Section 2315 of the Tariff and Customs Code;
• Decisions of the Secretary of Agriculture in the case of nonagricultural product, commodity

or article, and the Secretary of Agriculture in the case of agricultural product, commodity
or article, involving dumping and countervailing duties under Section 301 and 302,
respectively, of the Tariff and Customs Code, and safeguard measures under R.A. No.
8800, where either party may appeal the decision to impose or not to impose said duties.
It also has jurisdiction over cases involving criminal offenses as herein provided:
• Exclusive original jurisdiction over all criminal offenses arising from violations of the
National Internal Revenue Code or Tariff and Customs Code and other laws administered
by the Bureau of Internal Revenue or the Bureau of Customs: Provided, however, That
offenses or felonies mentioned in this paragraph where the principal amount of taxes and
fees, exclusive of charges and penalties, claimed is less than One million pesos (P
1,000,000.00) or where there is no specified amount claimed shall be tried by the regular
Courts and the jurisdiction of the CTA shall be appellate. Any provision of law or the Rules
of Court to the contrary notwithstanding, the criminal action and the corresponding civil
action for the recovery of civil liability for taxes and penalties shall at all times be
simultaneously instituted with, and jointly determined in the same proceeding by, the CTA
the filing of the criminal action being deemed to necessarily carry with it the filing of the
civil action, and no right to reserve the filing of such action separately form the criminal
action will be recognized.
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• Exclusive appellate jurisdiction in criminal offenses:
o Over appeals from judgments, resolutions or orders of the Regional Trial Courts in
tax collection cases originally decided by them, in their respective territorial
jurisdiction.
o Over petitions for review of the judgments, resolution or orders of the RTCs in the
exercise of their appellate jurisdiction over tax collection cases originally decided
by the MeTCs, MTCs and MCTCs, in their respective jurisdiction.
Ombudsman
The Ombudsman and his deputies, as protectors of the people shall act promptly on complaints
filed in any form or manner against officers or employees of the Government, or of any
subdivision, agency or instrumentality thereof, including government-owned or controlled
corporations, and enforce their administrative, civil and criminal liability in every case where the
evidence warrants in order to promote efficient service by the Government to the people (Section
13, R.A. No. 6770; see also Section 12 Article XI of the 1987 Constitution).
The Ombudsman shall give priority to complaints filed against high ranking government officials
and/or those occupying supervisory positions, complaints involving grave offenses as well as
complaints involving large sums of money and/or properties (Sec. 15, R.A. No. 6770).
Under the 1987 Philippine Constitution and the Ombudsman Act of 1989, the Office of the
Ombudsman independently monitors all three branches of the government for political corruption.
The Ombudsman "is principally tasked to investigate on its own or upon complaint by any person,
in any form or manner, any act or omission of any public officer or employee, including those in
government-owned or controlled corporations, which appears to be illegal, unjust, improper or
inefficient." After an investigation, the Ombudsman files charges at the Sandiganbayan, a special
anti-graft court.
The Offices of the Ombudsman includes the Ombudsman's own office, along with offices for a
team composed of a Sheriff, the Ombudsman's second in command, and six other deputies who
lead their respective divisions or bureaus.
The Office of the Ombudsman predates the 1987 Constitution. There have been several offices
established under various presidents of the Philippines whose duties are now subsumed under
the Office of the Ombudsman. President Elpidio Quirino established the Integrity Board in 1950;
President Ramon Magsaysay, the Presidential Complaints and Action Commission in 1957;
President Carlos P. Garcia, the Presidential Committee on Administration Performance Efficiency
in 1958; President Diosdado Macapagal, the Presidential Anti-Graft Committee in 1962; and
finally President Ferdinand Marcos, the Presidential Agency on Reform and Government
Operations in 1966.
In 1969, the Office of the Citizens Counselor was created by the Republic Act No. 6028.[5] It was
primarily designed to conduct fact-finding investigations and make recommendations to Congress
and the President.[5] The office was "not at all implemented."[5] Subsequently, Marcos created
the Complaints and Investigation Office in 1970 and the Presidential Administrative Assistance
Committee in 1971.None of these were successful nor were independent.
In the martial law-era 1973 Philippine Constitution (Sections 5 and 6, Article XIII), provided for the
establishment of a special court called the Sandiganbayan and an office of the ombudsman called
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the Tanodbayan. On June 11, 1978, during martial law, the late strongman President Ferdinand
Marcos created by presidential decree the office of the Tanodbayan.[5][7] The Tanodbayan was
not independent but served at the pleasure of the president and could be removed at any time.
After Marcos was overthrown in the 1986 People Power Revolution, President Corazon Aquino
issued two Executive Orders (nos. 243 and 244) in July 1987 that established a new Office of the
Ombudsman and transformed the Tanodbayan into the Office of the Special Prosecutor under
the Ombudsman.[4] Following the passage of the 1987 Constitution, the Ombudsman Act of 1989
was passed to define the roles and structure of the Office.
In the Philippine context, the precursor for the current Office of the Ombudsman was created in
1978, when President Ferdinand E. Marcos created a more permanent Office of the Ombudsman
to be known as the Tanodbayan by virtue of Presidential Decree No. 1487. This was later
amended by Presidential Decree 1607.
The Office of the Ombudsman as we know it today was created by the 1987 Constitution, which
placed a higher level of accountability for government workers based on the principle that “public
office is a public trust.”
An Ombudsman is the guard of the guardians, another check to ensure that those in power would
not abuse their positions. The framers of the Constitution envisioned the Ombudsman to be
beyond politics thus removing the office from the bureaucratic structure and making it a
constitutional office.
Having the rank of a Chairman of a Constitutional Commission affords the holder both prestige
and clout, but there are also limitations to the far-reaching powers of the Ombudsman. The
Ombudsman serves until retirement unless otherwise impeached by the Legislature. In 1989,
Congress passed Republic Act. No. 6770, known as the Ombudsman Act, in order to delineate
the structure of the office.
Sandiganbayan
The Anti-Graft Court, or Sandiganbayan, was created to maintain integrity, honesty and efficiency
in the bureaucracy and weed out misfits and undesirables in government service (1973
Constitution (Art. XIII, sec. 5) and 1987 Constitution (Art. XI, sec. 4)). It was restructured by
Presidential Decree No. 1606 as amended by Republic Act No. 8249. It is composed of a
Presiding Justice and fourteen (14) Associate Justices still in five Divisions of three (3) Justices
each.
Jurisdiction
Position of the Sandiganbayan in the Philippine judicial system as presented by the Department
of Budget and Management.
Presidential Decree 46 referred to as the gift-giving decree which makes it punishable for any
official or employee to receive directly or indirectly and for the private person to give or offer to
give any gift, present or other valuable thing on any occasion including Christmas, when such gift,
present or valuable thing is given by reason of his official position, regardless of whether or not
the same is for past favors or the giver hopes or expects to receive a favor or better treatment in
the future from the public official or employee concerned in the discharge of his official functions.
Included within the prohibition is the throwing of parties or entertainment in honor of the official or
employee or his immediate relatives.
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Presidential Decree 749 which grants immunity from prosecution to any person who voluntarily
gives information about any violation of Art.210, 211 or 212 of the RPC, RA 3019, Sec.345 of the
NIRC, Sec. 3604 of the Customs and Tariff Code and other provisions of the said Codes
penalizing abuse or dishonesty on the part of the public officials concerned and other laws, rules
and regulations penalizing graft, corruption and other forms of official abuse and who willingly
testifies against the public official or employee subject to certain conditions.
The Sandiganbayan is vested with appellate jurisdiction over final judgments, resolutions or
orders of the Regional Trial Co
Composition
The Sandiganbayan has a total of fifteen departments (two head offices, twelve divisions, and
one Legal Research and Technical Staff) and a total of 385 authorized positions. 335 of 385 of
these positions are filled.
Electoral procedure
According to the Presidential Decree No. 1606, Section 1, the Presiding Justice and all Associate
Justices shall be appointed by the president, as amended by Republic Act 8249.
Appointment of the Court Officials and other employees, however, is not dependent on the
president. According to Rule II, Section 7 of the Revised Internal Rules of the Sandiganbayan,
"The Supreme Court shall appoint the Clerk of Court, the Division Clerks of Court and all other
personnel of the Sandiganbayan upon recommendation of the Sandiganbayan en banc chosen
from a list of qualified applicants prepared in accordance with the Civil Service Law, rules and
regulations.
Qualifications
Presidential Decree No. 1606 further states that “No person shall be appointed Presiding Justice
or Associate Justice of the Sandiganbayan; unless he is natural-born citizen of the Philippines, at
least 40 years of age and for at lease ten years has been a judge of a court of record or been
engaged in the practice of law in the Philippines or has held office requiring admission to the bar
as a pre-requisite for a like period.
Justices: Division and Roles
The Sandiganbayan originally had three divisions that assisted the Office of the Presiding Justice,
according to the Article XIII of the 1973 Constitution. The number of divisions was raised to five
divisions in 1995. In 2015, through the Republic Act 10660, under the Aquino Administration, the
number of divisions was expanded to seven divisions.[24] Currently, the Sandiganbayan has Office
of the Presiding Justice, Office of the Clerk of Court, Legal Research and Technical Staff, seven
divisions (Office of the Deputy Clerk of Court), and five other divisions namely Judicial Records
Division, Administrative Division, Budget and Finance Division, Management Information System
Division, Security and Sheriff Services Division. The functions and roles of these offices and
divisions are:
Office of the Presiding Justice – Enjoy precedence over the other members of the
Sandiganbayan in all official functions; implements the policies, executes the resolutions and
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enforces the orders of the Court en banc; performs the functions specifically vested upon him
by law, rules and regulations or those implied therefrom; performs all other functions and
duties inherent in his position.
Office of the Clerk of Court – The Clerk of Court is the administrative officer of the
Sandiganbayan. He shall discharge his functions under the control and supervision of the
Sandiganbayan en banc through the Presiding Justice. As administrative officer, he shall take
direct charge of the administrative operations of the Sandiganbayan and exercise general
supervision over its subordinate officials and employees except those belonging to the staff
of the Presiding Justice and the Associate Justices. He shall assist the Presiding Justice in
the formulation of programs and policies for consideration and action of the Sandiganbayan
en banc. The Clerk of Court shall act as its secretariat and prepare its agenda, minutes of
meetings and resolutions.
Legal Research and Technical Staff – Provides legal and technical assistance to the Court
by conducting legal research and studies; takes charge of all legal and related matters.
Office of the Deputy Clerk of Court (seven divisions) – Assists the Clerk of Court in
providing technical and administrative support and assistance to their particular Division of
the Court; takes charge of the pre and post adjudicative matters relative to cases assigned to
the First Division.
Judicial Records Division – Takes charge of docketing of cases; plans, implements and
evaluates programs for the systematic management of judicial records; and performs other
related functions. Prepares entries of judgment; issues copies of decisions, resolutions and
orders; maintains a systematic filing and records keeping; and handles the Court's information
system, monitoring requests for statistical data.
Administrative Division – Attends to the manpower development and service needs of the
Court; and performs all functions relative to administrative and personnel matters. Attends to
the procurement and maintenance of the properties, supplies and equipment of the Court,
including the Court's physical plant Takes charge of the collection and disbursement of the
Court.
Budget and Finance Division – Prepares and executes the budget of the Court; initiates
plans and formula for more effective utilization of funds allotted to the Court; fiscalizes the
agency's financial interest including disclosure of deficiencies in control needing corrections.
Keeps accounting records for the Court; prepares reports required by the Department of
Budget and Management, Commission on Audit and other government agencies.
Management Information System Division – Provides technical services related to the

planning, development, implementation and maintenance of information systems; takes c
care of all information and communications technology requirements of the Court.
Security and Sheriff Services Division – In charge of the formulation of plans,

implements and evaluates program for the systematic management of security of the
Sandiganbayan premises, property and personnel and performs other related functions;
takes charge of the formulation of systems for the effective services of Court processes
and enforcement of Writs issued by the various Divisions of the Court; serves as liaison
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office with the various law enforcement agencies and the media regarding all court orders
and processes issued by the various divisions of the Court, and other court related
matters; takes custody of all accused processing their bail for their temporary liberty and/or
to turn-over accused who voluntarily surrenders to the authorized detention centers;
oversee that all judicial and extrajudicial proceedings are accomplished; takes charge of
the formulation of effective management and implementation of all kinds of court orders
or processes and writs coming from the various divisions of the Court.
Quasi-Courts or Quasi-Judicial Agencies
Quasi-judicial agencies are administrative agencies, more properly belonging to the Executive
Department, but are empowered by the Constitution or statutes to hear and decide certain classes
or categories of cases.
Quasi-judicial agencies which are empowered by the Constitution are the Constitutional
Commissions: Civil Service Commission, Commission on Elections and the Commission on Audit.
Quasi-judicial agencies empowered by statutes are: Office of the President. Department of

Agrarian Reform, Securities and Exchange Commission, National Labor Relations Commission,
National Telecommunication Commission, Employees Compensation Commission, Insurance
Commission, Construction Industry Arbitration Commission, Philippine Atomic Energy
Commission, Social Security System, Government Service Insurance System, Bureau of Patents,
Trademark and Technology, National Conciliation Mediation Board, Land Registration Authority,
Civil Aeronautics Board, Central Board of Assessment Appeals, National Electrification
Administration, Energy Regulatory Board, Agricultural Inventions Board and the Board of
Investments. When needed, the Supreme Court issues rules and regulations for these quasi-
judicial agencies in the performance of their judicial functions. Republic Act No. 8799, known as
the “Securities Regulation Code,” reorganized the Securities and Exchange Commission
(Chapter II) and provided for its powers and function (sec.5). Specifically provided for in these
powers and function is the Commission’s jurisdiction over all cases previously provided for in sec.
5, Pres. Decree No. 902-A (sec. 5.2). The Supreme Court promulgated rules of procedure
governing intra-corporate controversies under Republic Act No. 8799 (A.M. No. 01-2-04-SC).
Other Judicial Procedures
Katarungang Pambarangay - Presidential Decree No. 1508, or the Katarungang Pambarangay

Law, took effect December 11, 1978, and established a system of amicably settling disputes at
the barangay level. Rules and procedures were provided by this decree and the Local
Government Code, Title I, Chapter 7, sec. 339-422). This system of amicable settlement of
dispute aims to promote the speedy administration of justice by easing the congestion of court
dockets. The Court does not take cognizance of cases filed if they are not filed first with the
Katarungang Pambarangay.
Alternative Dispute Resolution (ADR) System - Republic Act No. 9285 institutionalized the use of
an alternative dispute resolution system which serves to promote the speedy and impartial
administration of justice and unclog the court dockets. This act shall be without prejudice to the
adoption of the Supreme Court of any ADR system such as mediation, conciliation, arbitration or
any combination thereof. The Supreme Court by virtue of an En Banc Resolution dated October
16, 2001 (Administrative Matter No. 01-10-5-SC-PHILJA), designated the Philippine Judicial
Academy as the component unit of the Supreme Court for court-referred or court-related
mediation cases and alternative dispute resolution mechanism and establishing the Philippine
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Mediation Center. Muslin law provides its own arbitration Council called The Agama Arbitration
Council.
Constitutional Commissions
Civil Service Commission - Act No. 5 (1900) established the Philippine civil service and was
reorganized as a Bureau in 1905. It was established in the 1935 Constitution. Republic Act No.
2260 (1959) converted it from a Bureau into the Civil Service Commission. Presidential Decree
No. 807 further redefined its role. Its present status is provided for in the 1987 Constitution, Art.
IX-B and reiterated by the provision of the 1987 Administrative Code (Executive Order No. 292).
Commission on Elections - It is the constitutional commission created by a 1940 amendment to

the 1935 Constitution whose primary function is to manage to maintain its authority and
independence in the conduct of elections. The COMELEC exercises administrative, quasi-judicial
and judicial powers. Its membership increased to nine with a term of nine years by the 1973
Constitution. It was however decreased to seven with a term of seven years without re-
appointment by the 1987 Constitution.
Commission on Audit - Article IX, sec, 2 of the 1987 Constitution provided the powers and
authority of the Commission on Audit, which is to examine, audit and settle all accounts pertaining
to the revenue and receipts of and expenditures or uses of funds and property owned or held in
trust by or pertaining to the Government including government owned and controlled corporations
with original charters.
The Bangko Sentral ng Pilipinas (Central Bank) is considered as a constitutional office in the
official Philippine government directory.
Assignment No. 2
Select 15 terminology in case law and use correctly in the sentence.
From the list of common crimes, identify what offences are bailable and non-bailable.
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Week 5-6
CHAPTER 3
Review on English Grammar, Punctuation and Formatting
Learning Objectives:
1. Apply correct formatting, grammar, spelling, style, and punctuations in composing a business
letter.
2. Use commonly used Latin words in the sentence correctly.
3. Apply correct formatting, grammar, spelling, style and punctuations in the preparation of different
legal documents.
A. Business letters and Styles
A business letter is a formal document often sent from one company to another or from a
company to its clients, employees, and stakeholders, for example. Business letters are used for
professional correspondence between individuals, as well.
Although email has taken over as the most common form of correspondence, printed-out
business letters are still used for many important, serious types of correspondence, including
reference letters, employment verification, job offers, and more.
As far as formatting of a letter goes, given below is the standard format of any business
letter:
• Letterhead: Most companies have a specific letterhead that you will need to type
letters on. This may make it necessary to adjust the margins so that words are not
printed onto the letterhead area.
• Name and address: Always try to have the name of someone that the letter should
go to, even if you have to call to find it out.
• Date: This is the date that the letter was written. It should be written out, such as
January 15, 2018.
• Reference: This gives a short description of what the purpose of the letter is. For
example, one might write "lost invoice" or "account number 23654" or something
like that.
• Salutation: If you do not know the person, use a more formal one, such as Dr.
Brian Lowden.
• Subject matter/body: Single-space and left justify for modified block and block
style letters. Have one blank line between paragraphs. The first paragraph should
have a friendly opening and state the purpose of the letter. The subsequent
paragraphs should support the purpose you stated in the first paragraph.
• Closing: This should be "thank you," "sincerely," or something similar.
• Signature: This is the actual signature of the person the letter is from, which may
be different from the person who wrote the letter.
• Typist initials: These are the initials of the person who typed the letter. These are
not the initials of the person who it is from. If they are both the same person. then
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this line is not necessary. Usually the first initials would be that of the writer, and
the second initials are of the typist and are in lowercase. For example: JW/sc.
• Enclosures: List here anything else you may be sending, such as a brochure,
samples, etc.
There are three main styles of business letter: block, modified block, and semi-block styles. Each
is written in much the same way, including the same information, but the layout varies slightly for
each one.
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B. Punctation and Spelling
Even though Latin is considered a dead language (no country officially speaks it), its influence on
other languages is significant. Latin words and expressions are present in virtually all languages
around the world, as well as in different scientific and academic fields. While writers of
dissertations and other formal papers are cautioned to avoid foreign words or phrases unless
there really is no natural English equivalent, a number of Latin words and phrases are standard
in academic writing.
Two of the most commonly used Latin expressions are also two of the most commonly confused.
Exempli gratia, abbreviated e.g., means for example; and id est, abbreviated i.e., literally
translates as that is, and typically means in other words. The two phrases are often incorrectly
interchanged. The decision whether to use i.e. or e.g. should be based on whether “for example”
or “that is” is what you want in the sentence.
Use e.g. when giving examples of the topic you are discussing but don’t intend to list everything
possible to illustrate it. Think of what precedes e.g. as the name of a category and what follows
as a few things—but not everything—that would fit into that category:
Many real numbers cannot be expressed as a ratio of integers (e.g., the square root of
two).
The square root of two is just one example of the many real numbers that can’t be
expressed as a ratio of integers.
Use i.e. to clarify what has already been stated or to explain or define what you just said in a
different way:
The elephant is a pachyderm (i.e., an animal with thick skin and nails resembling hooves).
To help you remember the distinction between e.g. and i.e., imagine that e.g. stands for example
given and i.e. means in essence. Some people associate the sound of the word example with the
letters e.g. – when you use e.g., you’re offering an “egg sample.”
If you're still confused about when to use each abbreviation, you can always just write out the
words for example or in other words. There's no rule that says you have to use i.e. or e.g.
Dos and Don'ts
There is no need to italicize i.e. and e.g. when you use them in your writing. Even though they are
abbreviations for Latin words, they have entered the common lexicon and are considered a
standard part of the English language. (They are italicized in this article because the writer is
talking about them—in actual usage, no italics are required.)
Because they are abbreviations, a period is required after each letter, but there is no space
between letters.
American English usage requires a comma following both i.e. and e.g., as shown in the earlier
examples.
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Various authorities (e.g., the Chicago Manual of Style and the APA Publication Manual) support
the rule that the abbreviations e.g. and i.e. should be used only in parenthetical comments injected
into your text (as the example in this sentence illustrates). If you choose not to use parentheses,
spell out the English equivalent instead. For e.g. use for example; for i.e. use that is or in other
words.
Another confusing Latin term
Your CV is a vital tool in your professional development toolbox, but be sure you use the right
words to talk about it. The correct singular form is curriculum vitae, translated literally from Latin
as “course of life.” (For grammarphiles, vitae is the genitive form of life, not the plural.) The plural
form is curricula vitae (courses of life: “Jane and Jake submitted their curricula vitae to the
fellowship committee.”) The informal shortened form is vita (singular) – translated from the Latin
for life – or vitae (plural), lives. Abbreviations are often used: CV or CVs. While it is appropriate to
write either curriculum vitae or just vita, it is incorrect to use the phrase curriculum vita when
referring to a CV.
a. Drafting Legal Documents
Unlike other professions, law firms rely on documents daily. So to say, one case may
require the legal team to generate an entire library of documents, ranging from court filings
to briefs and affidavits. Even in their large numbers, legal documents should be
maintained in pristine conditions to be validly accepted and maintain professionalism.
This is why understanding how to edit legal documents is important for any legal team.
Unfortunately, some errors may occur in between cases, client meetings, and preparing
the document. If you are tasked with preparing a legal document, below are important
things you should know.
1. Plan the Document Before You Start

Planning the document involves laying down the foundation for the editing process. In
this stage, you should establish the following;
• The target audience or who the document is addressed to

• The purpose of the document – might be a lawsuit or for legal communication
• Important information, statements, and facts to include
• Terminology and style guide to use
• Other contributing members to the document and individual responsibilities
Once you have gathered the details above, create a realistic timeline for completion of
the document. Note that the document may undergo several revisions and edits before
being approved.
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2. Use the Correct Grammar and Formatting

Grammar and formatting rules not only apply to legal documents. They apply to business
documents and other types of writings. However, for legal documents that quote the law,
correct grammar, spelling, and formatting are imperative. You should be fastidious with
your punctuation and grammar to avoid confusion within your legal document.
That said, legal writing and formatting styles are as follows;
• Paper size
This is the most basic element of all documents. Different states and countries have
varying standard paper sizes for their legal documents. However, North American
countries use the American National Standards Institute format. Unlike the standard
paper sheet sized 8.5×11 inches, the countries use a large size, measuring 8.5×14
inches. If you intend to publish the legal manuscript, follow all the publishing practices,
which include the use of 8.5×11 inches printing paper typed on one side only.
• Font
Despite being the most straightforward part of preparing legal documents, most people
still use the wrong font. The type of font used significantly affects the readers’ perspective
of the entire document. Some courts accept legal documents prepared according to their
specific requirements. For instance, the Virginia Supreme Court has a list of acceptable
fonts that legal teams should use when preparing court documents. That said, consult
widely to ensure that you use fonts within court-approved boundaries.
• Margins
Margins and spacing are important determinants of the readability of any legal document.
Poor spacing not only makes your document illegible but also forces other people to work
harder before processing the written information. This may increasingly make it difficult
for legal teams, such as employment lawyers, to interpret your writings. Fortunately, word
processing programs, such as MS Word, have pre-built margin and spacing templates
that make it easy to get the correct settings.
• Printing and binding
If you are required to file court booklets, as it is with most employment cases, you will
have to print and bind your documents. This is not a simple process, as it is with other
documents. Supreme courts have specific guidelines on how their booklets should be
prepared to be validly accepted.
This includes the cover colour used for different filings, the weight of the documents,
preferred binding or saddle stitching, and more. Ensure that you are adequately advised
on how to print and bind these documents.
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While specifications may change, these elements constitute a legal document.
3. Watch Out for Document Corruption

Most people confuse incorrect formatting with document corruption. Incorrect formatting
occurs when mistakes occur manually. On the other hand, document corruption occurs
when the document has serious problems, including data errors that make it difficult for
the document to load.
Document corruption occurs if the document has wrong layout and formatting, screen
distortion, unreadable characters, wrong icons, or doesn’t display pictures. For word
documents, the leading cause of document corruption is the use of old and outdated files.
Therefore, it can easily be avoided if you routinely update the templates.
4. Make Important Information Accessible

Compiling legal documents is undoubtedly lengthy and time-consuming. The same
applies to those reading through the document. Therefore, make it easy for the readers
by identifying important sections for easy reference. Make use of tags, colour-coded
markers, and reference points.
The Bottom Line

Editing a legal document goes beyond the basic formatting required for ordinary
documents. Even with the ambiguous nature of legal statements, you should ensure that
your document is accurate, grammatically correct, punctuated, and formatted correctly.
Additionally, edit your legal documents with an active voice and pay close attention to
imperatives.
b. Commonly used Latin words in legal documents
1. AD LITEM – FOR THE SUIT
Courts appoint attorneys ad litem, generally as a matter of law, for parties that have a
legal interest in a case but that cannot represent themselves like children or incapacitated
adults.
2. AMICUS CURIAE – FRIEND OF THE COURT
If a non-party to a proceeding has an interest in the case (or the law) before the court, the
non-party can ask the court for permission to file a friend of the court brief. An amicus
brief, carries no formal legal weight, but the hope of the non-party is that the brief will help
the court to resolve the issue based on their legal argument or perspective.
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3. CERTIORARI – TO BE MORE FULLY INFORMED
A Writ of Certiorari, sometimes shortened to just“cert.”, is most commonly known as a

means to seek review of a case by the U.S. Supreme Court.
4. DE NOVO – A NEW
This term is usually associated with the standard of judicial review. When an appellate
court reviews a case de novo, the court gives no deference to the findings of the lower
court.
5. EX PARTE – FROM THE PART
This term generally describes hearings held or orders made by the court at the request
of one party without providing notice to or permitting argument from the opposing party
– not a common procedural practice.
6. HABEAS CORPUS – THAT YOU HAVE THE BODY
A writ of habeas corpus seeks a ruling on a matter when someone has been imprisoned
or otherwise detained by the government. The writ of habeas corpus is directed at the
public official that is holding the person, so if a case name includes the name of a
warden or an attorney general, it is likely a habeas proceeding.
7. IN CAMERA – IN A CHAMBER
If something is to be reviewed in camera, it will be reviewed in the judge’s chamber –

away from the other parties and jury.
8. IN FORMA PAUPERIS – IN THE MANNER OF A PAUPER
Often, if an indigent party pleads in forma pauperis, court costs will be waived.
9. IN RE – IN THE MATTER OF
This term is often used in case names, e.g., In re Estate of Jones.
10. MANDAMUS – WE COMMAND
A writ of mandamus seeks to command a public official, including a lower court judge, to
take a particular action. This can be used in limited circumstances as an alternative to a
direct appeal of a case.
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11. PER CURIAM – BY THE COURT AS A WHOLE
A per curiam decision is a unanimous decision of a court that is authored by the court
as a whole rather than by a particular judge.
12. PRO BONO (PUBLICO) – FOR THE PUBLIC GOOD
Attorneys that do pro bono work are volunteering their services for free for the public
good.
13. PRO SE – FOR ONESELF; ON ONE’S OWN BEHALF; WITHOUT A LAWYER
Pro se litigants are those that are representing themselves in court without an attorney.
14. SUA SPONTE – OF ONE’S OWN ACCORD; VOLUNTARILY
If a court is permitted to act sua sponte, a court can take an action in a case without a
request from either party.
15. QUASI – AS IF
This term is a favorite prefix of lawyers and courts everywhere. It can be added to any
term to make an argument that one thing is like another, e.g., “even if it was not
technically a judicial action, it was a quasi-judicial action.”
And while I could not justify placing the following term on the list of commonly used
Latin terms, I had to include my favorite –
Qui tam pro domino rege quam pro se ipso in hac parte sequitur – who as well for
the king as for himself sues in this matter
While it is usually referred to as a “qui tam action,” that is a shame because the full
version is far more fun. These cases are rare, but who can’t enjoy a 13-word Latin term
of art? By definition, a qui tam action is “an action brought under a statute that allows a
private person to sue for a penalty, part of which the government or some specified
public institution will receive.” Black’s Law Dictionary 1368 (9th ed. 2009).
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Week 7-8
CHAPTER 4
Preparing Legal Instruments and Documents
A.Purposes and terms in legal writing
A legal instrument is a formally executed written document. A legal instrument states some
contractual relationship or grants some right. It formally expresses a legally enforceable act,
process, or contractual duty, obligation, or right while Legal writing refers generally to the analysis
of fact patterns and presentation of arguments in legal memos and briefs. Most legal internships
and permanent positions will require the deployment of legal writing skills. Those working in
settings where client-based or impact litigation is the principal focus will draft and file legal briefs
that coherently present their side’s written arguments to the court.
Legal writing is often hard to read because of its specialized language. The technical
terms used to convey legal doctrine in statutes, court decisions and business contracts are often
refered to as "terms of art." While these terms vary in origin and purpose, they generally fall into
three categories: specialized terminology, foreign terminology, and archaic terminology.
Specialized terminology refers to words that are specific to the legal profession. Some
specialized terms originated within the legal system for the purpose of conveying meanings
specific to law. Examples of such terms include: affidavit (a writen or printed statement made
under oath), tort (a civil, not criminal, wrong), writ (a written court order directing a person to take,
or refrain from taking, a certain act), and litigation (A case, controversy, or lawsuit). Other
specialized terms are quotidian terms adopted by the legal profession and given new meaning.
Words in this category include: motion (a request by a litigant to a judge for a decision on an issue
relating to the case), damages (money that a defendant pays a plaintiff in a civil case if the plaintiff
has won), and assume (an agreement to continue performing duties under a contract or lease).
Foreign terminology refers to legal terms derived from non-English languages. Latin and
French are the two most common foreign languages from which words are adopted for law.
Examples of foreign terms include: en banc (French, meaning "on the bench." All judges of an
appellate court sitting together to hear a case, as opposed to the routine disposition by panels of
three judges), habeas corpus (Latin, meaning "you have the body." A judicial order forcing law
enforcement authorities to produce a prisoner they are holding, and to justify the prisoner's
continued confinement), and In camera (In the judge's chamber, away from the jury and public).
In legal writing, archaic language tends to be used to express specific direction within the
text without excessive repetition. They are, in essence, phrases condensed into single words.
Words such as heretofore, thereupon, and whereabouts are examples of this archaic
category of terminology. While these terms were at one time common to the English
language, they have since fallen out of common usage and only remain prevalent in
"terms of art."
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B. Law office memo
A memorandum of law is a written explanation, based on research and analysis, of the drafter's
opinion regarding a legal problem. There are two kinds of legal memoranda: external memoranda
and internal memoranda (usually called "inter-office memos").
With regard to the second kind of memorandum, the inter-office memo, in law practice you will
usually be commissioned by a senior member of your law firm to draft an inter-office memo, which
the senior member intends to use to advise a client about whether to bring suit or to decide how
to proceed in a client's case once suit is brought. Usually you will be asked to consider only one
or two issues when you prepare the memo.
Example:
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• Argumentative memo form
• Letters for clients
Lawyers are not renowned for their punchy prose. But clients do not have time to be baffled by
confusing terminology and verbosity; nor do they appreciate poorly structured arguments and
overtechnical explanations. What they want is clear and succinct advice.
Whether you are writing a legal agreement or an email, here are some general tips that will help
you to improve your writing skills:
• Focus on your reader. Think about who will read it and what information they want.
Consider whether they want back-up detail as well as upfront recommendations. Think
about how much they already know about the subject, what their likely attitude to the
advice will be and if there are any specific issues concerning them.
• When writing for colleagues, make your instructions clear. Avoid producing group emails
that are a ‘mind dump’ of all the action points. This guarantees that something does not
get done because everyone hopes someone else is doing it. Spell out who needs to do
what.
• Never use the writing process to clarify your thoughts. Have a clear idea of what to write
beforehand, otherwise you risk having no logical structure. Consider the main subject
areas and issues you need to cover. Make sure they answer the questions: what, where,
when, how, why and who. Then use each heading to brainstorm all the points related to
that subject.
• Next, think about the structure and decide what goes where and in what format. Only
information that is essential to all readers should go in the main body of the text. Be
ruthless and relegate any information that is ‘important’ or ‘of interest’ to appendices or
footnotes. And make sure your main message is at the forefront, not buried beneath layers
of detail and supporting evidence.
• Keep paragraphs and sentences short. Long paragraphs and heavy blocks of text are a
real turn-off. So are long, complex sentences that have to be read more than once to
understand.
• Steer clear of long words and flowery phrases. Contrary to popular belief, these are not a
sign of intellect or professionalism. Clients are far too busy to spend time deciphering
them.
• Use active language wherever possible. Active verbs make your writing easier to read. So
write, “X investigated the client’s role in the project”, rather than, “The role played by the
client in the project was investigated by X.”
• Favour verbs over nouns. Use verbs such as ‘consider’ and ‘provide’ rather than structures
such as ‘give consideration to’ and ‘the provision of’.
• Avoid poor grammar, punctuation and spelling – this will undermine your credibility and
suggest you do not care.
E. Appellate brief forms
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F. Petitions for review
Petition for review means a request directed to the commissioner for a review of
the proceedings held and decision issued by the office of administrative hearings.
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Week 9-10
CHAPTER 5
Distinctive Features of Dictation and Encoding
Learning Objectives:
1. Apply the different features of dictation and encoding.

2. Transcribe and prepare legal papers.
A. Dictation in the law office
Most lawyers are familiar with old-fashioned analog tape dictation. First, you dictate into a
hand held device, which records your voice onto a tape. Then you drop the tape, which holds an
assortment of dictation projects, arranged sequentially rather than in order of importance, into
your secretary’s desk. It’s a familiar song and dance and one that most attorneys despise.
Eventually you receive the transcribed result of the dictation, which then needs to be reviewed,
edited and returned to your secretary, who then must revise the document, return it to you, etc.
This archaic process is inefficient and arduous, with the only side benefit being that it sometimes
results in very funny transcription errors. Unfortunately, the laughs don’t make up for the downfalls
of an otherwise outdated system.
Fortunately, lawyers now have other options, including digital dictation and voice-to-text
transcription.
Digital dictation, whereby a lawyer dictates into a handheld device and the sound is converted
into a digital file, offers many benefits over traditional dictation methods.
Digital dictation:
1) allows an attorney to edit the digital file before it is sent to the secretary,
2) permits more important projects to be marked as such and pushed to the front of the queue
and
3) can be created anywhere since the end product can be sent electronically to the transcriptionist.
B. Importance of understanding dictated materials
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C. Errors in the dictation
Every day, vast sums of information are transcribed by transcribers. Often, these
transcribers must maintain a fast pace and ultimately this leads to mistakes. In some cases,
the incorrect values or letters are input. In others, the positions of the correct values or letters
are interchanged. Despite their similarities, only the former is considered a transcription
error. Instead, the latter is referred to as a transposition error. To illustrate, writing Jund
instead of June is a transcription error. However, writing Juen instead of June is a
transposition error.
The word error rate (WER) can be used to measure the rate at which transcription
errors occur. By dividing the total number of substitutions, deletions and insertions by the
number of words, the transcript’s accuracy can be quantified.
How Do Transcription Errors Occur?
In some fields, there is some allowance for error. While in other fields such as
medicine, errors can result in disastrous consequences. Whatever the case, you’ll still want
to take steps to ensure that your transcripts are as accurate as possible. Before you can do
this, though, it’s important to know the source of these errors.
For humans, transcription errors commonly occur due to carelessness, slips of the
finger, unfamiliarity with equipment and an inability to hear or read the source material. Other
times, they can occur due to unfamiliarity with the subject matter and hence its jargon.
D. How to prepare legal papers
Technical documentation is integral to any law firm. These legal documents are, essentially, the
backbone of the business and where important case details can be found.
Without accurate documentation of a lawsuit or any other legal issue, it may as well have never
happened. But this doesn't mean legal documents should be indecipherable to those reading
them.
For all law firms, regardless of their niche, it's important to create readable legal documents for
the benefit of their clients.
Here's how to write a legal document in 10 simple steps:
1. Plan Out the Document Before You Begin
This is where you'll lay the foundation for the document you'll be drafting. You'll need to establish
a few document essentials. This includes:
• Who you're writing for (your target audience)

• Defining the purpose of the document in a lawsuit or legal issue
• Including all necessary facts, statements, and information
• Confirming the exact style guide and terminology
• Identifying other members who will add to the document and their responsibilities
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• Organizing your document resources to ensure they're on-hand for all technical details
Once you've established all this, you'll need to sit down and plan out your timing. Create a rough
yet realistic timeline for writing, reviewing, revising, and editing.
It's important to understand that your document may go through several revisions and edits. It's
important to account for this in your timeline too!
2. Write with Clear and Concise Language
Always keep your sentence structure short and concise in legal writing.
At the beginning of your document, you'll need to define all technical terminology that's used
consistently throughout your writing to avoid confusion.
Try to avoid the use of long, complex words when simpler alternatives will do. Write sentences
efficiently and keep things to the point.
3. Ensure the Correct Use of Grammar
This is an important point. Yes, the correct use of grammar and spelling is imperative for all
professional documentation. But grammar is especially important for ambiguity in legal writing.
You'll need to be fastidious about the use of your grammar and punctuation in order to avoid
confusion in your legal text. If not, this will only distract your reader and take away from the true
meaning of what you're writing.
4. Be as Accurate as Possible
This is a no-brainer with regards to legal document drafting, but accuracy is a vital part of the job.
Ensure that all document content is true and detailed and vetted by an industry professional or
expert where needed. Just one small inaccuracy can create a world of doubt with regards to the
validity of the document.
5. Make Information Accessible
Legal documents tend to be long and time-consuming to both compile and read. Make it easier
on your readers by defining important sections of the document for easy reference.
Use tags, reference points, and color-coded markers in the document where all relevant
information can be found with paging through wads of paper.
6. Ensure All Necessary Information Is Included
This may sound obvious -- it's a legal document, after all. But it's important to decipher between
what's necessary and what isn't.
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A legal document must supply all technical information needed. But unnecessary footnotes,
anecdotes, and long-winded explanations are distracting.
7. Always Use an Active Voice
Using the active voice in your writing is essential for eliminating confusion. Basically, it outlines
who must perform what in a sentence.
Passive voice only makes sentences longer, creating more opportunity for ambiguity within your
legal text. Passive verbs usually end with ''en'' or ''ed.''
An example of using a passive voice: ''The legal document was written by the lawyer.''
Instead, this sentence can be simplified by using an active voice: ''The lawyer wrote the legal
document.''
Don't make the mistake of reversing the natural, active order of your English by falling into the
use of passive voice!
8. Pay Attention to Imperatives
This is especially pertinent in legal texts because imperatives are used to define a legal obligation.
In other words, an imperative outlines a legal instruction.
Common imperatives used in legal documents include the words: shall, must, will, and should.
Using the right imperatives in your sentences helps to clearly define your meaning.
For example, ''shall'' creates a sense of obligation, but can also be interpreted as optional. If you
want an instruction to be translated as legally obligatory, it's better to use the imperative ''must.''
9. Use Direct Language
This is similar to the use of active voice in your writing and helps to define instruction within a
legal document.
Regulations, procedures, instructions, and lists of duties must all be written in direct language to
avoid confusion or creating the illusion of ''optional''.
An example of direct language is: ''Sign all copies and return as instructed.'' Ultimately, this style
of writing results in procedures that are easier to understand and carry out.
10. Use Consistent Descriptions
Finally, always keep your content descriptions consistent throughout each section of your legal
document.
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This means that you should avoid using too many variations of works to denote the same thing.
Once again, this could create confusion.
Using a synonym, rather than repeating the same word is not recommended in legal writing. Just
stick to consistent wording and you'll avoid ambiguity.
For example, choose to use the word ''motor vehicle'' and try not to change between ''car,''
''vehicle,'' or ''automobile.''
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Week 11-12
CHAPTER 6
Basic information about Legal Instruments
An instrument is a written legal document that records the formal execution of legally
enforceable acts or agreements, and secures their associated legal rights, obligations, and duties.
Contracts, wills, promissory notes, deeds, and statutes passed by competent legislatures are
examples of legal instruments. Typically, legal instruments must be read as a whole, with every
part interpreted in accordance with the whole.
Jurisdictions differ on who may draft legal instruments. Most states allow non-lawyers to
write their own instruments such as wills and contracts, but do not allow non-lawyers to invade
the field of legal practice by charging third parties to draft complex legal instruments on their behalf
that secure legal rights. The legal instrument is considered executed once it has been given
validity and legal effect. For example, signing a contract executes the contract. The instrument
can then be used as evidence to prove the existence of such acts or agreements. Historically,
instruments were not considered properly executed until they had been sealed with wax or
stamped. This requirement simplified authentication and enforcement, but today it has been done
away with in most American jurisdictions to allow for greater ease in contracting. However, a
person who falsifies or materially alters a legal instrument with the intent to defraud another is
guilty of the crime of forgery.
Importance of Good Legal Documents
Few people plan for their later years, as most are inherently optimistic about the future. As a
result, few people put appropriate legal documents in place and create a plan for their family,
which can save money and prevent heartache for loved ones down the road. Even those who
do have legal documents in place go roughly twenty years before updating their plans. This is
problematic; plans must evolve as finances and laws change frequently and family situations
change with health downturns, loved ones moving away, births, divorce, and deaths. Documents
should be reviewed by a professional every few years to keep your plan current and effective.
Good legal documents are important for many different reasons. First, few parents think ahead
as to what would happen to their minor children if both parents pass away at the same time.
Without planning, a guardianship is required, with the possibility of foster care in extreme
situations. It is important to know who you would count on to take care of your children if you are
gone. For seniors, these documents become even more important.
A properly drafted Will or Trust will allow you to leave your property to whom you want, the way
you want, and when you want, while saving your family time and money. Every family has unique
issues that can be resolved with good planning.
Without a Will, your estate may not be distributed to your loved ones the way you would like; your
spouse may not receive your entire estate under North Carolina law. Your legacy may go to
others through remarriage, divorce, or liability, that you could prevent with good planning.
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We believe that planning for life issues are even more important than death issues. The most
important documents that you can have are well drafted financial and health care powers of
attorney. If you do not have either of these documents and you are no longer able to communicate
decisions for yourself, your family must go to court for a judge to appoint a guardian on your
behalf.
It is important to make sure that your documents are up to date, in compliance with North Carolina
law, and that your powers of attorney are strong enough to provide the asset-based protection
that you may need in the future. Our law firm focuses on a unique blend of Elderlaw, Estate
Planning, and Asset Protection for all our clients; we believe every family needs all three to get
the best planning available. Contact an experienced attorney today to help you with your planning
and documents. Most people procrastinate; don’t wait until it’s too late!
Parties to an Instrument
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Week 14
CHAPTER 7
Importance of Acknowledgements in the Law Office
A. Laws governing acknowledgement

B. Essentials of an acknowledgement
C. Notaries public
D. Details to observe in notarizing a paper
ACT No. 2103
AN ACT PROVIDING FOR THE ACKNOWLEDGMENT AND AUTHENTICATION OF

INSTRUMENTS AND DOCUMENTS WITHOUT THE PHILIPPINE ISLANDS.
By authority of the United States, be it enacted by the Philippine Legislature, that:
Section 1. An instrument or document acknowledged and authenticated in any State, Territory,

the District of Columbia, or dependency of the United States, shall be considered authentic if the
acknowledgment and authentication are made in accordance with the following requirements:
(a) The acknowledgment shall be made before a notary public or an officer duly authorized by law
of the country to take acknowledgments of instruments or documents in the place where the act
is done. The notary public or the officer taking the acknowledgment shall certify that the person
acknowledging the instrument or document is known to him and that he is the same person who
executed it, and acknowledged that the same is his free act and deed. The certificate shall be
made under his official seal, if he is by law required to keep a seal, and if not, his certificate shall
so state.
(b) The certificate of the notary public or the officer taking the acknowledgment shall be
authenticated by the country clerk or his deputy, or by a clerk or deputy clerk of any court of record
of the county, municipality or judicial district wherein the acknowledgment is taken, or by the
secretary of state, executive secretary, or other similar functionary of the state, territory, the
District of Columbia, or dependency of the United States, as the case may be. The officer making
the authentication shall certify under the seal of his office or court that the person who took the
acknowledgment was at the time duly authorized to act as notary public or that he was duly
exercising the functions of the office by virtue of which he assumed to act, and that as such he
had authority under the law to take acknowledgment of instruments or documents in the place
where the acknowledgment was taken, and that his signature and seal, if any, are genuine.
Section 2. An instrument or document acknowledged and authenticated in a foreign country shall

be considered authentic if the acknowledgment and authentication are made in accordance with
the following requirements:
(a) The acknowledgment shall be made before (1) an ambassador, minister, secretary of
legation, chargé daffaires, consul, vice-consul, or consular agent of the United States,1 acting
within the country or place to which he is accredited, or (2) a notary public or officer duly
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authorized by law of the country to take acknowledgments of instruments or documents in the

place where the act is done.
(b) The person taking the acknowledgment shall certify that the person acknowledging the
instrument or document is known to him, and that he is the same person who executed it, and
acknowledged that the same is his free act and deed. The certificate shall be under his official
seal, if he is by law required to keep a seal, and if not, his certificate shall so state. In case the
acknowledgment is made before a notary public or an officer mentioned in subdivision (2) of the
preceding paragraph, the certificate of the notary public or the officer taking the acknowledgment
shall be authenticated by an ambassador, minister, secretary of legation, chargé
daffaires, consul, vice-consul, or consular agent of the United States,2 acting within the country
or place to which he is accredited. The officer making the authentication shall certify under his
official seal that the person who took the acknowledgment was at the time duly authorized to act
as notary public or that he was duly exercising the functions of the office by virtue of which he
assumed to act, and that as such he had authority under the law to take acknowledgment of
instruments or documents in the place where the acknowledgment was taken, and that his
signature and seal, if any, are genuine.
Section 3. Instruments or documents acknowledged and authenticated in substantial conformity

with the provisions of this Act before the same takes effect shall be considered authentic.
Section 4. This Act shall not be construed to repeal in any way any of the provisions contained
in Chapter X, Part I, of Act Numbered One hundred and ninety,3 entitled "An Act providing a code
or procedure in civil actions and special proceedings in the Philippine Islands."
Enacted, January 26, 1912.
Notary Public
A notary public (or notary, or public notary) is tasked with verifying the authenticity of your most
important transactions. Their consent is often the final step in establishing power of attorney,
closing on a home, or opening a retirement account.
So what is a notary public? Who are the people that stamp your documents, and what does it
take to earn their (literal) seal of approval?
What Does a Notary Public Do?
A notary public is a public official appointed by a state government to help deter fraud. Notary
publics witness the signing of important documents and verify the identity of the signer(s), their
willingness to sign the documents, and their awareness of the contents of the document or
transaction.
These documents include:
• Estates
• Deeds
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• Powers of attorney
• Affidavits
• Licenses
• Contracts
• Loan documents
• Trusts
Administering oaths and affirmations;Notary publics offer a legal service that impacts numerous
institutions. Their responsibilities include:
• Taking affidavits and statutory declarations;
• Taking acknowledgments of deeds and other conveyances;
• Protesting notes and bills of exchange; and
• Providing notice of foreign drafts.
The term “notary public” only refers to common-law notaries and should not be confused with
civil-law notaries, which are lawyers who have passed their bar exam. A common-law notary who
is not a lawyer is forbidden from providing legal advice.
What Does it Mean to Have a Document Notarized?
Notarizations, or notarial acts, involve three parts:
• The notary vets the signer to verify their identity, willingness to sign, and awareness
of the document’s contents.
• The notary stamps and signs the document to certify its authenticity.
• The notary records the act in a notary journal for record-keeping purposes.
Benefits of Notarizing Documents
There are many reasons to have a document notarized, whether it’s required by law or not. Here’s
why this system has been in place for centuries:
• Deter fraud and forgery: In a world where scammers take advantage of any victim
who comes along, having a trustworthy notary to verify a signer’s identity adds an
extra layer of protection when implementing crucial documents.
• Provide legal protection: Having your documents notarized can help prevent
contract disputes and litigation.
• Elevate the credibility of the document: Many documents are not legally binding
until they have been notarized. Even though this doesn’t apply to all documents, a
notarization is still beneficial because a notary’s stamp and signature increase the
document’s inherent value and authenticity.
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• Avoid the need for a witness to appear in court: Under the law of evidence, a
notarized document is considered self-authenticating. This means it may be
submitted as evidence in a trial without additional proof that it is what it appears to
be. Therefore, a notarization prevents the witness from having to be present, saving
a great deal of time and money in the process.
Week 15-16
CHAPTER 8
Different specific instruments
Affidavit
A written statement of facts voluntarily made by an affiant under an oath or affirmation

administered by a person authorized to do so by law.
Distinctions
An affidavit is voluntarily made without any cross-examination of the affiant and, therefore, is not
the same as a deposition, a record of an examination of a witness or a party made either
voluntarily or pursuant to a subpoena, as if the party were testifying in court under cross-
examination. A pleading—a request to a court to exercise its judicial power in favor of a party that
contains allegations or conclusions of facts that are not necessarily verified—differs from an
affidavit, which states facts under oath. An acknowledgment is a declaration or avowal of one's
own act, used to authenticate legal instruments, which may give the instrument legal validity, and
works to prevent the recording of false instruments or fraudulent executions. Acknowledgement
involves a public official, frequently a notary public.
What Is Power of Attorney?

Power of attorney (POA) is a legal authorization that gives a designated person, termed the
agent or attorney-in-fact, the power to act for another person, known as the principal. The
agent may be given broad or limited authority to make decisions about the principal's property,
finances, investments, or medical care.
• A power of attorney (POA) is a legal document giving one person (the agent or
attorney-in-fact) the power to act for another person, the principal.
• The agent can have broad legal authority or limited authority to make decisions about
the principal's property, finances, or medical care.
• The POA is often used when the principal can't be present to sign necessary
legal documents for a financial transaction.
• A durable power of attorney remains in effect if the principal becomes ill or
disabled and cannot act personally.
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Understanding Power of Attorney
Power of attorney is most frequently used in the event of a principal's temporary or permanent
illness or disability, or when the principal is unable to be present to sign necessary documents.
A power of attorney can end for several reasons, such as when the principal revokes the
agreement or dies, when a court invalidates it, or when the agent can no longer carry out the
responsibilities outlined. In the case of a married couple, the authorization may be invalidated if,
the principal and the agent divorce.
There are many types of powers of attorney. A “durable” power of attorney takes effect when the
document is signed while a “springing” power of attorney comes into effect only if and when the
principal becomes incapacitated. A power of attorney may also be limited to medical matters,
enabling the agent to make crucial decisions on behalf of an incapacitated person.
Most powers of attorney documents authorize an agent to represent the principal in all property
and financial matters as long as the principal’s mental state of mind is good. If the principal
becomes incapable of making decisions for themself, the agreement would automatically end.
Types of Power of Attorney (POA)

There are two key types of power of attorney (POA), one with general powers and one with
limited powers.
General Power
A general power of attorney allows the agent to act on behalf of the principal in any matters, as
allowed by state laws. The agent under such an agreement may be authorized to handle bank
accounts, sign checks, sell property, manage assets, and file taxes for the principal.
Limited Powers
A limited power of attorney gives the agent the power to act on behalf of the principal in specific
matters or events. It might explicitly state that the agent is only allowed to manage the principal's
retirement accounts.
A limited power of attorney may be in effect for a specific period. For example, if the principal will
be out of the country for two years, the authorization might be effective only for that period.
Durable Power of Attorney (DPOA)
The durable power of attorney (DPOA) remains in control of certain legal, property, or financial
matters specifically spelled out in the agreement, even after the principal becomes mentally
incapacitated. While a DPOA can pay medical bills on behalf of the principal, the durable agent
cannot make decisions related to the principal's health (e.g., taking the principal off life support
is not up to a DPOA).
Healthcare Power of Attorney (HCPA): The principal can sign a durable power of attorney for
health care, or healthcare power of attorney (HCPA). if they want an agent to have the power to
make health-related decisions. This document also called a healthcare proxy, outlines the
principal’s consent to give the agent POA privileges in the event of an unfortunate medical
condition. The durable POA for healthcare is legally bound to oversee medical care decisions on
behalf of the principal.
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Financial Power of Attorney: Another type of DPOA is the durable power of attorney for
finances, or simply a financial power of attorney. This document allows an agent to manage the
business and financial affairs of the principal, such as signing checks, filing tax returns, mailing
and depositing Social Security checks, and managing investment accounts, in the event, the
latter becomes unable to understand or make decisions. To the extent of what the agreement
spells out as the agent’s responsibility, the agent has to carry out the principal’s wishes to the
best of their ability.
When the agent acts on behalf of the principal by making investment decisions through
a broker or medical decisions through a healthcare professional, both institutions would ask to
see the DPOA. Although the DPOA for both medical and financial matters can be one document,
it is good to have separate DPOAs for healthcare and finances. Since the DPOA for healthcare
will have the principal's personal medical information, it would be inappropriate for the broker to
have it, and the medical professionals don’t need to know the financial status of the patient either.
The conditions for which a durable POA may become active are set up in a document called the
springing power of attorney. The springing POA defines the kind of event or level of
incapacitation that should occur before the DPOA springs into effect. A power of attorney can
remain dormant until a negative health occurrence activates it to a DPOA.
Put It in Writing
While some regions of the country accept oral POA grants, verbal instruction is not a reliable
substitute for getting each of the powers of attorney granted to your agent spelled out word-for-
word on paper. Written clarity helps to avoid arguments and confusion.
Use the Proper Format
Many variations of power of attorney forms exist. Some POAs are short-lived; others are meant
to last until death. Decide what powers you wish to grant and prepare a POA specific to that
desire. The POA must also satisfy the requirements of your state. To find a form that will be
accepted by a court of law in the state in which you live, perform an internet search, check with
an office supply store or ask a local estate planning professional to help you. The best option is
to use an attorney.
Identify the Parties
The term for the person granting the POA is the "principal." The individual who receives the
power of attorney is called either the "agent" or the "attorney-in-fact." Check whether your state
requires that you use specific terminology.
Delegate the Powers
A POA can be as broad or as limited as the principal wishes. However, each of the powers
granted must be clear, even if the principal grants the agent "general power of attorney." In other
words, the principal cannot grant sweeping authority such as, “I delegate all things having to do
with my life.”
Specify Durability
In most states, a power of attorney terminates if the principal is incapacitated. If this happens,
the only way an agent can keep their powers is if the POA was written with an indication that it
is "durable," a designation that makes it last for the principal's lifetime unless the principal
revokes it.
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Notarize the POA

Many states require powers of attorney to be notarized. Even in states that don't, it is potentially
easier for the agent if a notary’s seal and signature are on the document.
Record It
Not all powers of attorney must be recorded formally by the county to be legal. But recording is
standard practice for many estate planners and individuals who want to create a record that the
document exists.
File It
Some states require specific kinds of POAs to be filed with a court or government office before
they can be made valid. For instance, Ohio requires that any POA used to grant
grandparents guardianship over a child must be filed with the juvenile court. It also requires a
POA that transfers real estate to be recorded by the county in which the property is located.
What Is a Will?
A will, also known as a last will and testament, is a legally enforceable declaration of how a person
wants their property and assets distributed after death. In a will, a person can also recommend a
guardian for their minor children and make provisions for any surviving pets.
Understanding a Will
A will is an important component of estate planning. A will ensures that the person's wishes are
carried out and can make things easier for their heirs. If an individual dies without a will, the
distribution of their property is left up to the government, and may even end up becoming state
property. The format of wills can vary, but most follow a fairly uniform layout.
The document usually begins with a statement that the writer is of legal age and making the will
freely and without duress. It also attests to the writer's mental soundness at the time the will was
made. This section establishes the writer's identity and includes an explicit statement that this
final will rescinds all previous documents.
In the will the writer names an executor, who oversees the liquidation and distribution of the
decedent's assets according to the terms of the will. The executor must also pay off any
outstanding debts and taxes on the estate. The executor may be an attorney or financial expert,
or anyone the writer of the will trusts to act responsibly. The executor may be entitled to receive
a reasonable fee for services rendered. Fee guidelines may be mandated by the state.
After naming an executor and guardian for any minor children, the will should discuss insurance
policies that already have a named beneficiary. Wills do not supplant agreements related to life
insurance proceeds, retirement assets or transfer-on-death investment accounts. This section
may also itemize joint bank accounts and property that is co-owned with other individuals.
The bequest section of the will specifies beneficiaries for all the deceased person's property or
assets, except for insurance policies and joint accounts already covered in a preceding section.
Should a family's benefactor retire, it's crucial that all beneficiaries are named before they or their
spouse dies in order to ensure the financial health of their loved ones. Clear and reasonable
instructions are important for preventing possible legal challenges that could delay probate and
create significant legal expenses.
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A will may also include instructions about the writer's funeral and burial wishes. If the decedent
has made prior arrangements for a burial plot or funeral expenses, those will usually be discussed
in this section.
Four Main Types of Wills
The four main types of wills are simple, testamentary trust, joint, and living. Other types of wills
include holographic wills, which are handwritten, and oral wills, also called "nuncupative"—though
they may not be valid in your state.
Your circumstances determine which is best for you. Here is some basic information to help you
decide.
Simple Will
A simple will is the one most people associate with the word "will." Through a simple will, you can
decide who will receive your assets and also name a guardian for any minor children. Writing a
simple will can, indeed, be simple. Online will forms with a simple will format can provide an
excellent framework, though you may wish to seek legal advice as well.
Testamentary Trust Will
A testamentary trust will places some assets into a trust for the benefit of your beneficiaries and
names a trustee to handle the trust. This is useful if you have beneficiaries who are minors or who
you don't want to inherit your assets to handle on their own. Through this type of will, you can put
assets in trust and place conditions on the inheritance, which may be gradual based on age or
other factors.
Joint Will
A joint will is signed by two or more people as a separate will for each testator. Generally, a joint
will or mirror will is executed by spouses in favor of the other spouse to inherit everything. The
terms of joint wills—including executor, beneficiaries, and other provisions—cannot be changed
even after the death of one of the testators. Because of this inflexibility, joint wills can become
problematic for the surviving spouse, as their wishes may change.
Living Will
A living will has nothing to do with distributing your property after your death. Instead, it allows
you to choose what medical treatments you want to have if you become incapacitated. In a living
will, you may also name someone to make decisions on your behalf. In some states, an advance
healthcare directive combines a living will and a healthcare power of attorney or proxy, so it is
crucial for you to understand your state's laws on this issue.
Note that you can have more than one type of will at the same time and different wills can all be
valid. A living will, for example, can legally co-exist with a simple will since they serve entirely
different purposes.
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The assistance of an experienced estate-planning attorney can be invaluable in choosing the right
type of will for you. Taking the time now to make sure you've done things right can make a huge
difference for your loved ones later on.
Patterns of the contents of wills
Making a will is rather like assembling flat-pack furniture, in that it looks impossibly difficult at the
start, but when you have identified all the pieces, everything fits into place.
This guide will hopefully help you put together the framework (without the difficult to understand
pictures that always come in the instructions for flat-pack furniture), so that when you use a
template containing the legal wording, the whole document slots together with both the legal and
practical effect.
Information gathering
The first thing we suggest you do when making a will is to make a number of lists. From your lists,
you'll be able to clarify your intentions, and you may discover and resolve complications of which
you hadn't been aware before the process.
List 1: Possible executors, long term trustees and guardians of your children
Choosing the people that will carry out your will (known as your executors) can be difficult. They
obviously need to be alive when you die; and they need to be people you can trust to divide your
estate in the way that you would choose.
You can appoint up to four executors and as few as one. Most people appoint two or three.
Commonly, close family members are chosen as executors perhaps in conjunction with a solicitor
or accountant. They should be reasonably likely to outlive you and willing and able to take on the
responsibility. If they live in different countries, or are very busy with their own affairs, they are
unlikely to carry out your wishes in the way in which you might want them to do.
Your executors usually become the trustees of any trusts created by your will (unless you specify
otherwise). You might want to choose separate trustees if you use professional executors or if
you wish the guardians of your children to control their inheritance.
We have an article on how to choose executors, trustees and guardians that discusses who to
choose and potential pitfalls.
List 2: What you might have in your estate
Estate is the legal term for your possessions, financial assets and debts. You should list what
your estate might contain when you die and estimate a value for each.
Consider whether you have any assets that might increase in value after your death, and whether
you have any that produce income.
By doing this, you'll be able to consider which possessions you want to pass to specific people,
how much in terms of value you give to each beneficiary, and what might be left to be sold, with
the money distributed as you wish.
You can be as specific as you like in your will, so you could bequeath a specific painting to a
nephew, let certain beneficiaries divide a collection of assets as they like (such as your antique
coin collection), or simply give someone a share of the value of your estate.
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The following is an aide-memoire:

• personal possessions: those of value such as furniture, art and jewelry, and those with
sentimental value, such as heirlooms, books and letters.
• your house or flat: you will need to consider how you own your property and whether
anyone will have a claim on it automatically when you die.
• other real property, such as a car.
• shares in private companies and business partnership interests
• stocks and shares in public companies and other financial instruments
• cash: in banks, building societies or elsewhere
• pensions
• intellectual property, such as music compositions, book rights or designs
List 3: Beneficiaries
This is usually an easy list to compile. It comprises the name, age and address of everyone to
whom you might leave a gift of some sort.
Your beneficiaries might include:
• your husband, wife or civil partner
• an unmarried partner
• your children
• other family members
• friends, or carers
• a charity
Since your will aims to control to whom your estate is gifted, you should consider to whom your
beneficiaries might pass on your estate. A gift to the person you ultimately want to benefit may be
preferable to a gift to his or her parents or guardians, especially if the parents or guardians have
families from more than one relationship.
You may like to read our article about keeping an inheritance in the family.
Depending on who your beneficiaries are, and what you leave, you might need to set up a trust.
To find out how trusts work, read our article on will trusts.
List 4: Possible problems
Think next about possible complications and issues. Some will be common, some unique to you.
So here we give you examples only:
• interests after your re-marriage, for example, if you have two families. You may want to
read about the effect of marriage and divorce.
• how your business will be kept going, at least until it can be sold.
• issues of trust with beneficiaries: if you think the person may squander or misuse their
inheritance.
• age of inheritance for children: 18, 21 or older, and what or how much when?
• how to manage unborn children and grandchildren.
• how will your children be brought up if your spouse and you should both die in an accident.
• whether any gift is likely to be contested after your death.
• arranging your affairs so as to pay the proper amount of inheritance tax and not over-pay
through ignorance or carelessness.
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Even just reading about these possibilities and writing lists will have given you a pretty good idea
of what you want.
The structure of your will
Most wills, and all Net Lawman wills, follow this form:
1. Name of testator who revokes former wills. For more information on cancelling previous
wills, see our article about cancelling a previous will.
2. Appointment of executors and trustees
3. Appointment of guardians
4. Specific gifts of money or possessions (termed legacies and bequests), with no deductions
for inheritance tax. You can make specific gifts to your residuary beneficiaries too, of
course.
5. Residuary estate all to one or more people or to executors on trust. If the executors take
it, they change hats to become trustees unless you specify otherwise.
6. Trust provisions: what the trustees may or may not do with your money in managing your
estate. You can be as restrictive or open as you wish. You can leave them to multiply your
wise investments or to sell your jewels at a pittance.
7. Date and signature with two witnesses. We have an article on witnessing and signing a
will.
Week 17
Chapter 9
Dictation and Transcription
A. Transcribing
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References:
https://www.netlawman.co.uk/ia/sorting-will-
structurehttps://www.lexisnexis.com/uk/lexispsl/willsandprobate/document/393767/55KG-P271-F18C-
50FY-00000-00/Contents_of_Wills_overview
https://trustandwill.com/learn/types-of-wills
https://www.legalzoom.com/articles/what-are-the-4-types-of-wills-and-what-should-they-include
https://www.investopedia.com/terms/w/will.asp
https://dictionary.law.com/Default.aspx?selected=2360
https://www.investopedia.com/terms/p/powerofattorney.asp
https://www.nationalnotary.org/notary-bulletin/blog/2018/04/notary-tip-three-differences-between-
acknowledgments-and-signature-witnessings
https://legal-dictionary.thefreedictionary.com/affidavit
https://www.taltys.com/blog/the-importance-of-having-your-documents-notarized/
https://www.notarize.com/knowledge-center/what-does-it-mean-to-have-a-document-notarized-with-
a-notary-public-signature
https://www.thebalance.com/what-is-a-notarized-document-315434
https://attymommy.com/2018/11/ten-things-about-
notarization/#:~:text=A%20notary%20public%20notarizes%20a,the%20document%20admissible%20in%
20evidence.
https://www.notarize.com/knowledge-center/what-is-a-notary-public
https://www.nationalnotary.org/knowledge-center/about-notaries/what-is-a-notary-
publichttps://www.chanrobles.com/acts/actsno2103.html
https://lawphil.net/statutes/acts/act_2103_1912.html
https://aceproject.org/ace-en/topics/lf/lfa/lfa02/lfa02c
https://aceproject.org/ace-en/topics/lf/lfa/lfa03/default
https://www.ohchr.org/Documents/HRBodies/HRCouncil/WGTransCorp/Session3/LegallyBindingInstru
mentTNCs_OBEs.pdf
https://legalresponse.org/legaladvice/the-meaning-of-legal-instrument-and-applicable-to-all-parties/
https://www.law.cornell.edu/wex/instrument
https://beyondcounsel.io/10-tips-for-drafting-legal-documents-that-your-clients-will-be-able-to-read/
https://www.rev.com/blog/legal-transcription-vs-dictation
Page | 60

lOMoARcPSD|12546950
https://www.rev.com/blog/resources/what-is-a-transcription-error
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6203313/
https://www.naegeliusa.com/blog/what-is-a-legal-
transcriptionist#:~:text=Dictation%20is%20a%20crucial%20time,or%20into%20an%20audio%20recorder
https://www.firmex.com/resources/blog/attorneys-and-digital-dictation/
https://www.rev.com/blog/legal-transcription-vs-
dictation#:~:text=Some%20of%20the%20most%20popular,read%20from%20the%20written%20notes.
https://tipsforlawyers.com/dictation/
https://www.lawinsider.com/dictionary/petition-for-review
https://www.writing-skills.com/how-to-write-to-your-clients-the-lawyer
https://www.lawcrossing.com/article/900047610/How-to-Write-a-Law-Firm-Memo/
https://www.law.cuny.edu/legal-writing/students/memorandum/
https://cwnc.omeka.chass.ncsu.edu/exhibits/show/legal-documents-primary-source/understanding-
legal-terminolog/understanding-legal-terminolog
https://hls.harvard.edu/dept/opia/what-is-public-interest-law/public-interest-work-types/legal-writing/
https://definitions.uslegal.com/l/legal-
instrument/#:~:text=A%20legal%20instrument%20is%20a,duty%2C%20obligation%2C%20or%20right.
https://www.adelaide.edu.au/writingcentre/sites/default/files/docs/learningguide-legalwriting.pdf
https://www.wordrake.com/blog/5-kinds-of-errors-to-check-in-legal-proofreading
https://www.thebalancecareers.com/how-to-format-a-business-letter-2062540
https://www.universalclass.com/articles/writing/business-writing/formats-for-different-business-
letters.htm#:~:text=There%20are%20three%20main%20styles,varies%20slightly%20for%20each%20one
Prepared by:
RAQUEL G. JAVIER, MF, LPT

Faculty Committee on OALT 3023
Legal Terminology
JULIUS C. SABANDO, MBA

Faculty Committee
December 2021
Page | 61

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lOMoARcPSD|12546950

OALT 40033 Legal Transcription

Bachelor of Science in Business Administration (Polytechnic University of the

Studocu is not sponsored or endorsed by any college or university

Polytechnic University of the Philippines

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1. Students will complete the learning activities as assigned.

Course Grading System:

Midterm / Final Exam 30%

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Introduction of the course contents, VMGO of the University, course

The PUP Philosophy

As a state university, the Polytechnic University of the Philippines

• Education is an instrument for the development of the citizenry

• That meaningful growth and transmission of the country are best

Mission of the College

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• Provide equal opportunity to underprivileged but intellectually qualified students through

• Measure up to the standards of academic excellence in global market;

• Advance the growth of aspiring and socially responsible entrepreneurs; and

• Respond to the technical needs of a community by providing extension services.

Department of Office Administration

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REVIEW OF BASIC LEGAL TERMS

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Legal Terms Used with Clients

Custodian: A guardian of a child who is responsible for money allocation.

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ROLE OF A LEGAL TRANSCRIPTIONIST

At the end of this lesson, you should be able to:

1. Discuss the roles of a legal transcriptionist as a court reporter.

What to Expect From a Career as a Legal Transcriptionist

The Difference Between a Legal Transcriptionist and a Court Reporter

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• Proficiency with transcription software

What is a legal transcriptionist? Attach/Paste a picture or share someone you know.

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At the end of this lesson, you should be able to:

JUDICIAL SYSTEM OF THE PHILIPPINES

A barangay (/bɑːrɑːŋˈɡaɪ/; abbreviated as Brgy. or Bgy.), sometimes referred to by its archaic

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Supreme Court of the Philippines

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All cases in which the jurisdiction of any lower court is in issue.

All cases in which only an error or question of law is involved.

Order a change of venue or place of trial to avoid a miscarriage of justice.

Promulgate rules concerning the protection and enforcement of constitutional rights,

The Second Level Courts

Regional Trial Courts

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The Regional Trial Courts’ jurisdictions are defined as follows:

Exercise exclusive original jurisdiction in Civil Cases as follows:

o All actions involving the contract of marriage and marital relations;

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• Actions affecting ambassadors and other public ministers and consuls.

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• All cases involving disputes to communal properties.

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