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* 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 partys case.
NOTE
THE Contents of the Appellants Brief or Appellees Brief can be found under the RULES OF COURT (Pls. See Section 13 and 14 of the Rules of Court)
OF THE PETITION
V. DISCUSSIONS VI. PRAYER
PETITIONERS/RESPONDENTS MEMORANDUM
This is the heading of the pleading found at the center and immediately below the caption of the case.
PREFATORY 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.
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
DISCUSSIONS
Also 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 clients
position
PRAYER
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.
ILLUSTRATION
PETITIONERS MEMORANDUM
Petitioner Wilsen Piolo Mar, by counsel, to this Honorable Court, most respectfully states:
PREFATORY 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.
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..
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:
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
More examples
Subsequently,
Likewise, In fine, Petitioner contends that Respondent in his defense denied On the other hand, After trial.. Consequently, In this case,..
reconsideration of AND
Not accepting defeat, petitioner elevated the matter by way
of an appeal/petition
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.
DISCUSSIONS
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:
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..
Nonetheless,
Indeed, the complainant is correct when..
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
Finally,
PRAYER
(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:
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. 12345 MCLE Compliance No. 54321
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