1. What is Legal Opinion?

Written statement by a court, judicial officer, or legal expert as to the legality (or
illegality) of an action, condition, or intent1.
A legal opinion contains the summary of the facts of case and the answer to the
legal question of the case. The answer to the legal question contains the law as well
as how the law is to be interpreted and applied in order to answer the legal
question.

2. What is its purpose?

A legal opinion is a way for the court, judicial officer, or legal expert to express
professional understanding of the law or legal principles in relation to how it can be
applied to a specific situation.

3. What are the essential parts of a good legal opinion?

A legal opinion is composed of2:
-

Title and Heading

Facts/Background of the Case
Issues/ Analysis
Legal Reasoning
Holding/Conclusion

The Title and Heading contains the case name (plaintiffs and defendants), the court
name and the date of the opinion. The opinion also contains a brief summary of the
circumstances that make the case. There is also the issue(s) or legal question
sought to be answered as well as the law or legal basis resolving the issue(s).
Lastly, the conclusion provides the reader with the understanding of the writer of
how the law or legal concept should be interpreted and how it applies the facts of
the case.

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

It is important to cite sources to give credit where it is due. When writers write their
opinions, borrowing someone elses opinions are common place. Therefore, writers
should cite source in order to give credit to other writers and acknowledging their
ideas. Citing sources also prevents plagiarism or the taking of anothers work and
passing it of as your own. It also allows readers to track down the sources for their
own research or use.
1 http://www.businessdictionary.com/definition/legal-opinion.html
2 http://www.slideserve.com/shing/structure-of-a-legal-opinion

Writers should cite sources from other written or online resources that they used to
assist them in writing the legal opinion. This can be added in the opinion as
footnotes in order to guide readers in their research.
5. Surf the web and look for an excellent legal opinion. Identify its purpose and
parts, and explain why you think its excellent in form and substance.
The legal opinion itself contains the Title of the case, as well as the names of the
petitioner, Juan Ponce Enrile, and respondent, Sandiganbayan. The opinion also
provides a brief summary of the case.
This case involves he question of whether or not petitioner Juan Ponce Enrile
granted bail for the supposedly unbailable offense of Plunder 3. Justice Leonen goes
on to discuss that the Sandiganbayan as an impartial court should follow the rule of
law, and not be influenced by the status or age of the accused. He continues by
saying that by allowing petitioner to be let out on bail just because petitioner is of
advanced age would be tantamount to exercising selective justice because the
court would then be exercising its own discretion and not the law itself. The law is
clear that crimes with a sentence of reclusion perpetua or life imprisonment is
unbailable4.
In addition, petitioners petition for bail violates due process because it requests
that the said petition should be determined not by the evidence but by the failure of

3 Republic Act 7080; Any public officer who, by himself or in connivance with
members of his family, relatives by affinity or consanguinity, business associates,
subordinates or other persons, amasses accumulates or acquires ill-gotten wealth
through a combination or series of overt or criminal acts as described in Section 1
(d) hereof in the aggregate amount or total value of at least Fifty million pesos
(P50,000,000.00) shall be guilty of the crime of plunder and shall be punished by
reclusion perpetua to death
4 Rules of Court, Sections 4 and 5 of Rule 114; SEC. 4. Bail, a matter of right;
exception. All persons in custody shall be admitted to bail as a matter of right,
with sufficient sureties, or released on recognizance as prescribed by law or this
Rule (a) before or after conviction by the Metropolitan Trial Court, Municipal Trial
Court, Municipal Trial Court in Cities, or Municipal Circuit Trial Court, and (b) before
conviction by the Regional Trial Court of an offense not punishable by death,
reclusion perpetua, or life imprisonment.
SEC. 5. Bail, when discretionary. Upon conviction by the Regional Trial Court of an
offense not punishable by death, reclusion perpetua, or life imprisonment,
admission to bail is discretionary. The application for bail may be filed and acted
upon by the trial court despite the filing of a notice of appeal, provided it has not
transmitted the original record to the appellate court. However, if the decision of the
trial court convicting the accused changed the nature of the offense from
nonbailable to bailable, the application for bail can only be filed with and resolved
by the appellate court.

the prosecution to oppose the said petition. This stance would weaken the justice
system especially since this will only apply to petitioner.
Justice Leonen also provides the legal basis for his opinion, citing all his sources
such as different laws and jurisprudence that validates his contention. Justice
Leonen therefore concludes that the Sandiganbayan did err when they denied
petitioners bail.