What is a Memorandum?

* Literally, to be remembered.- It is an informal instrument

recording some fact or agreement.

“Memorandum, that it is agreed”

“Be it remembered that”

What is a Brief?

An abbreviated statement of a party’s case.

An abridgement of all pleadings.

The Appellant’s Brief shall contain in the order herein indicated:1) Subject Index2) Assignment of Errors3) Statement of the Case4) Statement of Facts5) Issues6) Argument7) Relief

The Appellee’s Brief shall contain in the order herein indicated:

1) Subject Index2) Statement of Facts or Counter-Statement of

Facts3) Argument4) Prayer or Relief

NOTE

THE Contents of the Appellant’s Brief or Appellee’s Brief can be found under the RULES OF COURT

(Pls. See Section 13 and 14 of the Rules of Court)

THE FOLLOWING MAY BE INDICATED IN a Memorandum:

THE FOLLOWING MAY BE INDICATED IN a Memorandum:

I. PETITIONER’S/RESPONDENT’S MEMORANDUM

II. PREFATORY STATEMENTIII. FACTS AND ANTECEDENT PROCEEDINGS

IV. ISSUES OR GROUNDS FOR THE ALLOWANCE OF THE PETITION

V. DISCUSSIONSVI. PRAYER

PETITIONER’S/RESPONDENT’S MEMORANDUM

PETITIONER’S/RESPONDENT’S MEMORANDUM

This is the heading of the pleading found at the center and immediately below the caption of the case.

PREFATORY STATEMENTPREFATORY STATEMENT

Provides the (appellate) Court an idea or overview of what is/are the issue/s to be resolved and/or an overview or reason why the Court should rule in your favor.

A summary of the nature of action and the court proceedings.

FACTS AND ANTECEDENT PROCEEDINGSFACTS AND ANTECEDENT PROCEEDINGS

Contains the names of the parties and the narration in chronological order of the circumstances that gave rise to the original action before the court a quo and the instant petition.

It must also indicate the assailed resolutions/orders complete with dates and case numbers.

A chronological, methodical statement of facts in plain and common language.

“Statement of Facts” distinguished from “Statement of the Case”

"Statement of the Case," a clear and concise statement of the nature of the action, a summary of the proceedings, the appealed rulings and orders of the court, the nature of the judgment and any other matters necessary to an understanding of the nature of the controversy, with page references to the record;

"Statement of Facts," a clear and concise statement in a narrative form of the facts admitted by both parties and of those in controversy, together with the substance of the proof relating thereto in sufficient detail to make it clearly intelligible, with page references to the record

ISSUES/GROUNDS FOR THE ALLOWANCE OF THE PETITION

ISSUES/GROUNDS FOR THE ALLOWANCE OF THE PETITION

Contains the grounds relied upon by the petitioner/respondent to support their respective claims and usually presented in numerical form.

DISCUSSIONSDISCUSSIONSAlso contains the grounds relied upon by the

petitioner/respondent with the corresponding facts, laws and jurisprudence to support their respective claims.

An orderly presentation of arguments that support your client’s position

A summary of the points or questions in issue and of the proof which is to support such issues.

The authorities relied upon shall be cited complete with citations.

PRAYERPRAYER

A concise statement of the relief prayed for.

A specification of the order or judgment which the petitiner/respondent seeks to annul, reverse, affirm or modify.

ILLUSTRATIONILLUSTRATION

PETITIONER’S MEMORANDUMPETITIONER’S

MEMORANDUM

Petitioner Wilsen Piolo Mar, by counsel, to this Honorable Court, most respectfully states:

PREFATORY STATEMENTPREFATORY STATEMENT

a. provide the (appellate) Court an idea or overview of what is/are the issue/s to be resolved;

and/or

b. give the (appellate) Court an overview or reason why it should rule in your favor.

EXAMPLE: (for the petitioner)EXAMPLE: (for the petitioner)

The court a quo in denying petitioner’s appeal acted with grave abuse of discretion amounting to lack or excess of jurisdiction…..

In refusing to give due course to herein petitioner’s appeal, the court a quo practically aids the commission of the unlawful acts of the respondent….

While it is true that perfection of an appeal within the reglementary period fixed by the rules is mandatory and jurisdictional, yet it is within the inherent power of the Court to suspend its own rules, or to except a particular case from its operation, whenever the purpose of justice require it.

Strong and compelling reasons such as serving the ends of justice and preventing a grave miscarriage thereof warrant the suspension of the rules…..

EXAMPLE: (for the respondent)EXAMPLE: (for the respondent)

The decision to be made in this case hinges on the issue on whether or not the court a quo acted with grave abuse of discretion amounting to lack or excess of jurisdiction when it dismissed the appeal of the petitioners.

FACTS AND ANTECEDENT PROCEEDINGS

FACTS AND ANTECEDENT PROCEEDINGS

Indicate “by numbers” per paragraph the following:

1. state the names of the parties;2. narrate the circumstances that gave rise to the

original action before the court a quo in CHRONOLOGICAL ORDER;

3. Clear and concise statement in a narrative form of the facts admitted by both parties and of those in controversy; and

4. indicate the assailed resolutions/orders complete with dates and case numbers.

EXAMPLE:EXAMPLE:

1. Petitioner is a corporation duly organized ….

2. Respondent is ……….

3. Sometime on ….

4. On December 25, 2010, the court a quo issued a resolution …

In the narration of facts, YOU may start with:Plaintiff or petitioner filed a complaint on…Defendant for his part filed an answer..Disagreeing with the trial judge, plaintiff….The complaint alleged that..Previously,Moreover,Furthermore,In addition,

More examples…Subsequently,Likewise,In fine,Petitioner contends that…Respondent in his defense denied…On the other hand,After trial..Consequently,In this case,..

You may also Use..Interestingly,To further persuade the court, complainant argued

that..To substantiate his claim…Unfazed with the said ruling, petitioner moved for

the reconsideration of…

AND

Not accepting defeat, petitioner elevated the matter by way of an appeal/petition…

GROUNDS FOR THE ALLOWANCE OF THE PETITION

GROUNDS FOR THE ALLOWANCE OF THE PETITION

Enumerate the grounds. (PREFARABLY thru “Roman Numerals”)

 

EXAMPLE:EXAMPLE:

I. PUBLIC RESPONDENT ACTED WITH GRAVE ABUSE OF DISCRETION OR IN EXCESS OF JURISDICTION WHEN IT RENDERED THE ASSAILED RESOLUTION DATED DECEMBER 25, 2010;

II. THE APPEAL OF PETITIONER IS MERITORIOUS THERE BEING VALID JUSTIFICATIONS TO RELAX THE RULES IN ORDER TO SERVE THE ENDS OF JUSTICE AND PREVENT A MISCARRIAGE THEREOF.

DISCUSSIONSDISCUSSIONS

a. quote the abovementioned grounds before the start of the discussion.

b. support the grounds for the allowance of the petition citing facts/laws and jurisprudence.

c. the authorities relied upon shall be cited.

EXAMPLE:EXAMPLE:

 I. PUBLIC RESPONDENT ACTED WITH

GRAVE ABUSE OF DISCRETION OR IN EXCESS OF JURISDICTION WHEN IT RENDERED THE ASSAILED RESOLUTION DATED DECEMBER 25, 2010.

  Start your argument with facts, laws and jurisprudence…..

In the discussion of the arguments for the Petitioner, You may start with..

The lower court erred in…

The argument has no merit.

We disagree..

For the respondent

We agree with the Court that..

The Court correctly resolved that…

Apparently, the complainant is correct..

To further stress your argument, YOU may use:

In the case at bar,In the case at bench,It must be stressed that..Clear from the aforequoted provision..As a rule,Nonetheless,Indeed, the complainant is correct when..

You may also Use the following:In the light of the ruling in the case of…Based on testimonial and documentary

evidence..This eloquently demonstrates that…We cannot lend credence to complainant’s

allegation that…In several cases, we have for reason of

equity….This having been said..It would certainly be inequitable to…

To emphasize an exception:

This rule, however, admits of exceptions…

From the immediately quoted pronouncement of the Court, it is clear that the rule admits of certain exceptions…

TO CONCLUDE your argument

Based on the above discussion/s

This having been said,

Clearly,

Finally,

PRAYERPRAYER

(specify the resolution sought to be declared null and void/ set aside/ modified or affirmed)

Specification of the Order or Judgment which the petitioner/respondent seeks  

EXAMPLE:EXAMPLE: 

WHEREFORE, it is respectfully prayed, that judgment be rendered ANNULING and SETTING ASIDE the Resolution dated December 25, 2010 of the National Labor Relations Commission, 4th Judicial Region Cebu City in NLRC Case No. 112233.

It is likewise prayed that petitioner be granted such other reliefs as are just and equitable in the premises.

Cebu City, 14 February 2011.

RESPECTFULLY SUBMITTED.

(signature)ATTY. LOVELY KC VALENTINES

IBP O.R. NO. 14344; February 14, 2011; Cebu City

Roll No. 12345MCLE Compliance No. 54321

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