8/17/2019 SANTILLAN, Paolo Gabriel v. - Advanced Legal Writing Atty. Gallo

1/3

1. What is Legal Opinion?

Written statement by a court , judicial ofcer , or legal expert as to the legality (orillegality) o an action, condition, or intent 1 .

! legal opinion contains the summary o the acts o case and the ans"er to the

legal #uestion o the case. $he ans"er to the legal #uestion contains the la" as "ellas ho" the la" is to be interpreted and applied in order to ans"er the legal#uestion.

%. What is its purpose?

! legal opinion is a "ay or the court, judicial ofcer, or legal expert to expresspro essional understanding o the la" or legal principles in relation to ho" it can beapplied to a speci&c situation.

'. What are the essential parts o a good legal opinion?

! legal opinion is composed o %

$itle and *eading+acts -ac ground o the /ase0ssues !nalysisLegal easoning*olding /onclusion

$he $itle and *eading contains the case name (plainti2s and de endants), the courtname and the date o the opinion. $he opinion also contains a brie summary o the

circumstances that ma e the case. $here is also the issue(s) or legal #uestionsought to be ans"ered as "ell as the la" or legal basis resol3ing the issue(s).Lastly, the conclusion pro3ides the reader "ith the understanding o the "riter oho" the la" or legal concept should be interpreted and ho" it applies the acts othe case.

4. What sources can and should be cited in a legal opinion? Why?

0t is important to cite sources to gi3e credit "here it is due. When "riters "rite theiropinions, borro"ing someone else5s opinions are common place. $here ore, "riters

should cite source in order to gi3e credit to other "riters and ac no"ledging theirideas. /iting sources also pre3ents plagiarism or the ta ing o another5s "or andpassing it o as your o"n. 0t also allo"s readers to trac do"n the sources or theiro"n research or use.

1 http """.businessdictionary.com de&nition legal opinion.html

% http """.slideser3e.com shing structure o a legal opinion

http://www.businessdictionary.com/definition/statement.htmlhttp://www.businessdictionary.com/definition/court.htmlhttp://www.businessdictionary.com/definition/judicial-officer.htmlhttp://www.businessdictionary.com/definition/legality.htmlhttp://www.businessdictionary.com/definition/intent.htmlhttp://www.businessdictionary.com/definition/court.htmlhttp://www.businessdictionary.com/definition/judicial-officer.htmlhttp://www.businessdictionary.com/definition/legality.htmlhttp://www.businessdictionary.com/definition/intent.htmlhttp://www.businessdictionary.com/definition/statement.html

8/17/2019 SANTILLAN, Paolo Gabriel v. - Advanced Legal Writing Atty. Gallo

2/3

Writers should cite sources rom other "ritten or online resources that they used toassist them in "riting the legal opinion. $his can be added in the opinion as

ootnotes in order to guide readers in their research.

6. 7ur the "eb and loo or an excellent legal opinion. 0denti y its purpose andparts, and explain "hy you thin it5s excellent in orm and substance.

$he legal opinion itsel contains the $itle o the case, as "ell as the names o thepetitioner, 8uan 9once :nrile, and respondent, 7andiganbayan. $he opinion alsopro3ides a brie summary o the case.

$his case in3ol3es he #uestion o "hether or not petitioner 8uan 9once :nrilegranted bail or the supposedly unbailable o2ense o 9lunder ' . 8ustice Leonen goeson to discuss that the 7andiganbayan as an impartial court should ollo" the rule ola", and not be in;uenced by the status or age o the accused. *e continues bysaying that by allo"ing petitioner to be let out on bail just because petitioner is oad3anced age "ould be tantamount to exercising selecti3e justice because thecourt "ould then be exercising its o"n discretion and not the la" itsel . $he la" isclear that crimes "ith a sentence o reclusion perpetua or li e imprisonment isunbailable 4 .

0n addition, petitioner5s petition or bail 3iolates due process because it re#ueststhat the said petition should be determined not by the e3idence but by the ailure o

' epublic !ct = !ny public ofcer "ho, by himsel or in conni3ance "ithmembers o his amily, relati3es by afnity or consanguinity, business associates,subordinates or other persons, amasses accumulates or ac#uires ill gotten "ealththrough a combination or series o o3ert or criminal acts as described in 7ection 1

(d) hereo in the aggregate amount or total 3alue o at least +i ty million pesos(96=,===,===.==) shall be guilty o the crime o plunder and shall be punished by reclusion perpetua to death

4 ules o /ourt, 7ections 4 and 6 o ule 114 SEC. 4. Bail, a matter of right;exception . @ !ll persons in custody shall be admitted to bail as a matter o right,"ith sufcient sureties, or released on recogniAance as prescribed by la" or this

ule (a) be ore or a ter con3iction by the Betropolitan $rial /ourt, Bunicipal $rial/ourt, Bunicipal $rial /ourt in /ities, or Bunicipal /ircuit $rial /ourt, and (b) be orecon3iction by the egional $rial /ourt o an o2ense not punishable by death,reclusion perpetua, or li e imprisonment.SEC. 5. Bail, when discretionary . @ Cpon con3iction by the egional $rial /ourt o ano2ense not punishable by death, reclusion perpetua, or li e imprisonment,admission to bail is discretionary. $he application or bail may be &led and actedupon by the trial court despite the &ling o a notice o appeal, pro3ided it has nottransmitted the original record to the appellate court. *o"e3er, i the decision o thetrial court con3icting the accused changed the nature o the o2ense romnonbailable to bailable, the application or bail can only be &led "ith and resol3edby the appellate court.

8/17/2019 SANTILLAN, Paolo Gabriel v. - Advanced Legal Writing Atty. Gallo

3/3

the prosecution to oppose the said petition. $his stance "ould "ea en the justicesystem especially since this "ill only apply to petitioner.

8ustice Leonen also pro3ides the legal basis or his opinion, citing all his sourcessuch as di2erent la"s and jurisprudence that 3alidates his contention. 8usticeLeonen there ore concludes that the 7andiganbayan did err "hen they deniedpetitioner5s bail.