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PHIL MANUAL OF LEGAL CITATIONS

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Transcript of PHIL MANUAL OF LEGAL CITATIONS

Notes
Ideas
Ideas
Ideas
LEGAL CITATIONS
Legal Citations
In legal writing, citations serves two (2) purposes:

1. ATTRIBUTION
citation identifies the source of ideas developed in the text and materials quoted or referenced therein
2. SUPPORT
citation facilitates support by directing reader to a specific legal or factual authority in the text.

*tells you where to find the cited authority, and also indicates the nature and degree of support the authority provides.*
COURT DECISIONS
General Format
<SURNAME of party> v. <SURNAME of other party>, <VOLUME>, <TITLE and PAGE of REPORT>, (<YEAR OF PROMULGATION)>

E.g.
Ariaga v. Javellana, 92 Phil. 330 (1952)

Notes:
In text, underscore or italicize title of the case name, and place source in footnote
If two or more actions are consolidated, cite only first listed.

Codes
<Name of Code>, <article/section number>.
Civil Code
, art. 297.
Civil Code
(1889), art. 67.

Note: When no longer in force, indicate year of effectivity in parenthesis
USE CONTROL + SHIFT + K to change to All Caps

Bills, Resolutions, Committee Reports
Congress
<House where these reports originated>, <serial report number>, <Congress>, <session>, <year in parenthesis>

S. No. 5, 6th Cong. 1st Sess. (1966)
H. Res. 2, 6th Cong., 3rd Sess. (1966)
Comm. On National Defense and Security, H. Rpt. 28, 5th Cong., 1st Sess. (1962).

Note: For committee reports, give the name of committee
Books & Pamphlets
<VOLUME>, <AUTHOR -first name and surname>, <title of book>, <page>, <section> or <paragraph>, <edition>, <date in parenthesis>
E.g.
I. M. Moran,
Comments on The Rules of Court
195 (6th ed., 1963)
J. Mertens,
The Law of Federal Income Taxation
, Sec. 49. 124 (1965)
*Please use small and large capitals for formally printed works of general circulation.

Signals
Accord – indicates substantial support of a proposition although there are differences in facts
Contra – indicates a holding which contradicts or opposes the proposition
Cf. – indicates a case which is parallel to or supports the proposition but contains substantially different facts
See (italics) – indicates a dictum which supports the proposition
See (roman type) – introduces a secondary authority which supports the proposition

Types of Sources
Primary
constitution
codes
session laws
bills, resolutions & committee reports
Types of Sources
Primary
Treaties
Presidential Acts
Ordinances
Cases
Secondary Sources
Books and Pamphlets
Periodical Articles
Annotations
Newspapers
Internet Sources
Case Reports
Exceptions to General Rule
Islamic and Chinese names
WRONG: Lim v Ladislao
CORRECT: Lim Sian Tek v Ladislao
Compound names
WRONG: People v Cruz
CORRECT: People v De la Cruz
Names of corporations, associations,
business firms and partnerships
WRONG: Balite v Jollibee
CORRECT: Balite v Jollibee Foods Corp., Inc.

Case Reports
Exceptions to General Rule
Person is named in his official capacity – name of the person only
WRONG: City of Manila v. Subido, in his capacity as Civil Service Commissioner
CORRECT: City of Manila v. Subido

Complete name of office
Collector of Internal Revenue v. Tan Eng

Municipalities, Cities, Provinces
Province of Rizal v. R.T.C.
City of Cebu v. Ledesma

Case Reports
Exceptions to General Rule
Cases involving the Government of the Philippines and criminal cases
Government v. ___
Commonwealth v. ___
Republic v. ___
U.S. v. ___
People v. ___

In re instead of In the matter of
In re Barretto


GENERAL RULE
Case Reports
Supreme Court
Philippine Reports: ,<volume>, Phil. <page> (year)
Diaz v. Estrera, 78 Phil. 637 (1947).

Official Gazette: G.R. No. ___, <date promulgated>, <volume> O.G. page <Month and year of issue>
Espiritu v. Rivera, G.R. No. 17092, September 30, 1963, 62 O.G. 7226 (Oct. 1966).

General Register (Advance decisions of the SC): G.R. No. ___, <date of promulgation>
Estepa v Diansay, G.R. No. 14733, September 30, 1960.

Disciplinary cases: G.R. Adm. Case No. ___, <date of promulgation>
In re Uy, G.R. Adm. Case No. 533, April 29, 1968.
Case Reports
Court of Appeals
Appellate Court Reports: volume C.A. Rep. page (year)
Chunaco v. Singh, 8 C.A. Rep. 488 (1947).

Court of Appeals Reports, 2nd series: volume C.A. Rep. 2d page (year).
Flores v. Valpeña, 2 C.A. Rep. 2d 64 (1962).

CA General Register (advance decisions of the CA): C.A.-G.R. No. ___, date of promulgation
Caliboso v. Bueno, C.A.-G.R. No. 20401-R, April 8, 1960.

Official Gazette: C.A. No. ___, date of promulgation, volume O.G. page (month and year of issue)
Manila Electric Co. v. Allarde, C.A.-SP No. 11850, May 15, 1987, 86 O.G. 3447 (May, 1990).


Periodical Articles
PERIODICALS paged consecutively throughout the volume
<INITIAL OF FIRST NAME, SURNAME> <TITLE OF ARTICLE>, <VOLUME>, <NAME OF PERIODICAL IN LARGE AND SMALL CAPITALS>, <PAGE AND YEAR NUMBER IN PARENTHESIS>

E.g. J. Luna,
International Law Standards and the Philippine Law on Deportation
, 1 PHIL. INTL.. LJ. 347 (1963)

PERIODICALS WITH NO VOLUME NUMBER, use year of publication
E.g. E. Abello,
Constitution under the Commonwealth and under the Republic
, 1965 Philconsa YRBK

PERIODICALS paginated only within each issue are cited in regular roman by date or preiod of issue
E.g. F. Medalla,
Judicial Review and Cautionary Consideration of its Exercis
e, NOBA L.J. Sept. 13, 1965

Case Reports
Other Courts
Sandiganbayan: Sandiganbayan Crim. Case No. ___, date of promulgation, volume Sandiganbayan Rep. page (year of issue)
People v Sabarre, Sandiganbayan Crim. Case No. 001, December 12, 1979, 1 Sandiganbayan, Rep. 305 (1979).

CTA: CTA Case No. ___, date of promulgation
Abad v. Commissioner of Internal Revenue, CTA Case No. 717, June 4, 1963.

RTC: RTC (Place and Branch No.) Case No. ___, date of promulgation
People v. Johnson, RTC (San Jose, Occidental Mindoro, Br. 45) Crim. Case R- 1681, August 6, 1984).

MTC/MCTC: MCTC or MTC (Place) Case No. ___, date of promulgation
People v. Soliven, MCTC (Paoay-Currimao, Ilocos Norte) Crim. Case No. 992-C, November 11, 1983).

STATUTORY
MATERIALS
Const. <Article>, <Section>, <Paragraph>
e.g. Const. art. VII, sec. 2

If not in force, put year
e.g.
Const
.
(1935), art. III, sec. 1, par. (3).
CONSTITUTION
Bills, Resolutions, Committee Reports
Batasang Pambansa
<Origin of bill>, <bill number>, <number of the Batasan>, <number of the session>, <year in parenthesis>

E.g. C.B. No. 54, 1st Batasan, 5th Sess. (1983).

Committee on Civil Service Rpt. 545, 1st Batasan, 5th Sess. (1983).

*Note: For Committee reports, cite name of committees

Name of the agreement, exact date of signature by the Phils, source of the treaty

Treaty of Friendship with India, July 11, 1952 (1953), II-2 D.F.A.T.S. 1, 2 P.T.S. 797, 203 U.N.T.S. 73.


Presidential Acts
Administrative Rules and Regulations
Executive orders: Exec. Order No. ___ (year)
Exec. Order No. 329 (1950), 46 O.G. 2035 (July, 1950).
Proclamations: Proc. No. ___ (year)
Proc. No. 784 (1961), 57 O.G. 7122 (September, 1961).
Administrative Orders: Adm. Order No. ___ (year)
Adm. Order No. 21 (1966), 62 O.G. 7194 (October, 1966)

Executive orders: Exec. Order No. ___ (year)
Exec. Order No. 329 (1950), 46 O.G. 2035 (July, 1950).

Proclamations: Proc. No. ___ (year)
Proc. No. 784 (1961), 57 O.G. 7122 (September, 1961).

Administrative Orders: Adm. Order No. ___ (year)
Adm. Order No. 21 (1966), 62 O.G. 7194 (October, 1966)
Court Rules
<Rules of Court>, <rule number>, <section>, <paragraph> (year if no longer in force)
E.g.
Rules of Court, Rule 130, sec. 2, par. (a).

Ordinance
<Name of municipal or provincial unit>, <serial number of ordinance>, <date of adoption>

E.g. Manila Ordinance 6120, Jan, 26, 1967.

Statutory Materials
Secondary Sources
Collection of Essays and Articles
All Essays or articles by the same author
J. Ponce Enrile,
The Tax Treatment of Real Estate
Transactions, in 1964 ASPECTS OF PHILIPPINE TAX LAW 81.

Essays by various authors
LAUREL, THE CRISIS OF OUR CONSTITUTIONAL SYSTEM, in BREAD AND FREEDOM


Newspaper Articles
<Titles of newspaper are printed in regular roman and are cited>, <Date of Issue>, <page>, <column
Manila Times, Dec. 9, 1966, p. 5, col.

A signed article (but not a news report) is cited by author and title.
Arroyo, 2 Months,
Behind the Iron curtain
, Manila Times, December 12, 1966, p. 1, col. 2

Letters, Speeches and Interviews
LETTER
<NAME OF THE LETTER WRITTEN AND HIS CORRESPONDENT>, <DATE WRITTEN>, <INCLUDE CITATION TO A PRINTED WORK, if available>
Letter of Apolinario Mabini to Emilio Jacinto, December 17, 1898 in LETTER OF APOLINARIO MABINI 81 (1965)

*include citation to printed work if available

INTERVIEW
<PERSON INTERVIEWED>, <DESIGNATION>, <PLACE OF INTERVIEW AND DATE>
Interview with Manuel C. Roura, Chief of the Polygraph Division, National Bureau of Investigation, Manila, February 18, 1970

SPEECHES WITH NO TITLE
<SPEAKER, OCCASION, PLACE AND DATE>
Address by Justice Cesar Bengzon, 7th Anniversary Celebration of the Bulacan Bar Association, Manila, November 8, 1952, 2 ATENEO L.J. 307-314 (1953)

*include citation to printed work if available


Treaties and International Agreements
Electronic Sources
Journal articles only available in the internet
<Authors>, '<title of article>', <volume>, <journal title>, <article reference> (<year>) <source> [paragraph]

E.g.
Larry Innes, ‘Aboriginal Rights and Interpretative Responsibility’, 4 E. Law (1997) http://www.murdoch.edu.au/claw/[15-18]

Article published on web but is not part of a journal
<Authors>, '<title of article>' <Homepage Title>, <Relevant Organization>, <Article Reference> (year), <Uniform Resource Locator>
E.g. Vince DiStepano. 'Guidelines for better writing' Available http://usa.net/-vinced/home/better-writing.html. January 9, 1996
REPEATING CITATIONS
REPEATING CITATIONS
REPEATING CITATIONS
REPORT: Jenin Rosanne H. Velasquez
Source:
M. Feliciano, Philippine Manual of Legal Citations (1999)
Supra (above)
To identify a case or publication previously cited on the same or preceding page
Not used if more than one page intervenes between citations
Used when reference to a complete footnote is made
Always italicized

E.g.
Lao Ichong v. Hernandez,
supra
at 27.
See
note 15,
supra
Infra (below)
Same rules as supra
Seldom used because one should put full citations first

Ibid (the same reference)
Reference to a citation is IMMEDIATELY REPEATED with the same volume and page number
Always italicized
Not to be used to cite primary sources


Id.
used in citation sentences and clauses for any kind of authority
In briefs, legal memoranda, and similar materials, use id. When citing to the immediately preceding authority
Indicate page if subsequent citation refers to a different page
Italicized
Do not use to cite primary sources

1 V. Sinco Philippine Political Law. 551 (11th ed., 1962).
2
Id
, at 555.

REPEATING CITATIONS
Op. cit. (work cited)
To avoid repeating titles of books and periodical articles, preceded by author’s name and followed by footnote reference and page number
E.g
V. Sinco,
op. cit
., note 5 at 133.

Abbreviation of citation
E.g.
International Labour Office, Sharing in Development: A Programme of Employment, Equity and Growth for the Philippines 304 [1974] [hereinafter referred to as the Ranis Report].
REPEATING CITATIONS
Signals
Used to indicate supporting, contrary and other positions relating to the propositions of law or fact

E.g. Accord, Manila Trading Co. v Reyes, 62 Phil. 416 (1935)
But see (italics) – indicates a dictum which opposes or contradicts the proposition
But see (roman type) – indicates secondary authority which contradicts the proposition
E.g. – indicates support of a proposition by numerous holdings but illustrated b a selective citation of one or a few cases

Signals
Primary Sources
Repeating Citation
REPEATING CITATIONS
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