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Rodriguez 02
I. INTRODUCTION
Promulgated by legitimate authority
1. Legal Research, Defined
-by the legislature
-It is the process of finding the law, rules and regulations that
govern activities of human society. It is also defined as the
Common observance and benefit
investigation for information necessary to support legal
decision
-observed by all for the benefit of all
making.
3. Sources of Laws
2. Legal Research, Importance
-To provide competent representation* and uphold the
standards of
Constitution
the legal profession
Legislation, Administrative or Executive Acts
Judicial Decisions or Jurisprudence
*requires the legal knowledge, skill, thoroughness and
preparation
Customs
reasonably necessary for representation.
4. Effectivity of Laws
3. Legal Research, Sources
-Involves the use of a variety of printed* and electronic
Art. 2, Civil Code. Laws shall take effect after 15
sources.
days upon
completion of their publication in the Official Gazette,
unless
*constitution, statutes, court decisions, administrative rules
and
otherwise provided.
scholarly commentaries
*EO 200 in newspaper of general circulation
4. Legal Research and Bibliography, Distinguished
-Legal Research is the method or system of inquiry and
investigation
Taada vs Tuvera
involving the actual use of the law books, while Legal
Bibliography is
136 SCRA 27
concerned with the study of the materials essential to the
inquiry of
Invoking
the researcher.
FACTS: the
right of the people to be
informed on matters of public concern as well as
the
Legal
principle that laws to be valid and enforceable
Bibliography, Defined
must
be published in the Official Gazette, petitioners
-It is generally defined as the science or study of law books, their
filed
for writ of mandamus to compel respondent
history, evolution and description, their characteristics and use,
public
officials to publish and/or cause to publish
including such details as their authors, publishers, dates, editions
various
presidential decrees, letters of instructions,
and degree of authoritativeness.
general
orders, proclamations, executive orders, letters
of
implementations and administrative
5. Legal Bibliography, Importance
orders.
The Solicitor General, representing the
-The efficient use of law books can only be learned by study and
respondents,
moved for the dismissal of the case, contending
application. It is an aid in the process* of analyzing a legal question. that
petitioners have no legal personality to bring the
*where to find the law, in what book, and how
instant petition.
ISSUE: W.O.N. publication in the Official Gazette
6. Legal Research and Bibliography, Aim
is
required before any law or statute becomes
-In order to provide legal basis for a claim, one must present for
valid
consideration the authority which must be applied, and which the
and enforceable.
2. Characteristics of Law
Rule of conduct
-guidelines of what to do or not to do
even a constructive
one.
RESEARCH
1 | PLATON
declared that presidential issuances of general application which have not been published have no force and
effect.
Taada vs Tuvera 146 SCRA 446
FACTS: This is a motion for reconsideration of the decision promulgated on April 24, 1985. Respondent
argued that while
publication was necessary as a rule, it was not so when it was otherwise as when the decrees themselves
declared that they were to become effective immediately upon their approval.
ISSUES: W.O.N. a distinction be made between laws of general applicability and laws which are not as to their
publication; and W.O.N. a publication shall be made in publications of general circulation.
HELD: The clause unless it is otherwise provided refers to the date of effectivity and not to the requirement
of publication itself, which cannot in any event be omitted. This clause does not mean that the legislature
may make the law effective immediately upon approval, or in any other date, without its previous
publication.
Laws should refer to all laws and not only to those of general application, for strictly speaking, all laws
relate to the people in general albeit there are some that do not apply to them directly. A law without any
bearing on the public would be invalid as an intrusion of privacy or as class legislation or as an ultra vires act
of the legislature. To be valid, the law must invariably affect the public interest eve if it might be directly
applicable only to one individual, or some of the people only, and not to the public as a whole.
All statutes, including those of local application and private laws, shall be published as a condition for their
effectivity, which shall begin 15 days after publication unless a different effectivity date is fixed by the
legislature.
Publication must be in full or it is no publication at all, since its purpose is to inform the public of the content
of the law.
Article 2 of the Civil Code provides that publication of laws must be made in the Official Gazette, and not
elsewhere, as a requirement for their effectivity. The Supreme Court is not called upon to rule upon the
wisdom of a law or to repeal or modify it if it finds it impractical.
The publication must be made forthwith, or at least as soon as possible. 1
Umali vs Estanislao 209 SCRA 446
FACTS: RA 7167, providing additional exemptions to taxpayers, was signed and approved on December
1991 with the clause shall take effect upon its approval and was published on January 14, 1992 in
Malaya, a newspaper of general circulation. Petitioner filed a Petition for Mandamus to compel the Secretary
of Finance and the CIR, herein respondents, to implement RA 7167.
ISSUE: W.O.N. RA 7167 took effect upon its approval or after 15 days upon its publication and if it covers
taxable income for year ended 1991.
HELD: RA 7167 took effect on January 30, 1992, after 15 days upon publication and not upon its approval on
December 1991 because the effectivity clause is defective. In the second issue, looking into the
contemporaneous
legislative intent, the Act was intended to adjust the poverty threshold level at the time said Act was enacted
and not in the future.
Farias vs Executive Secretary 417 SCRA 503
FACTS: RA 9006, The Fair Election Act, was signed into law by President Arroyo. Petitioners, members of the
Minority of the House of Representatives, filed a Petition to declare said Act unconstitutional because it
violated Sec. 26, Article 6 of the Constitution requiring every law to have only one subject which should be
expressed in its title. Moreover, it is violative of the Due Process Clause of the Constitution with regards to
Sec. 16 which states that This act shall take effect immediately upon its approval.
HELD: The effectivity clause of RA 9006 is defective, but it does not render the entire law defective. Under
the case of Taada vs Tuvera, the phrase
unless otherwise provided refers to the date and not to publication, which is indispensable.
La Bugal-blaan Tribal Association, Inc. vs Ramos
421 SCRA 148
FACTS: On July 25, 1987, two days before the convening of the First Congress, President Aquino, in her
exercise of legislative power during the Provisional Constitution, issued EO 279 with the clause shall take
effect immediately. EO 279 was published on August 3, 1987.
ISSUE: W.O.N. EO 279 violated EO 200 where a law shall take effect after 15 days following its publication
and W.O.N. legislative powers of the President ceased to exist upon the convening of the
First Congress two days after EO 279s issuance, thereby making such issuance invalid.
HELD: EO 279 is an effective and validly enacted statute. There is nothing in EO 200 that prevent a law from
taking effect on a date other than, or before, the 15-day period after its publication. The15-day period only
applies to those laws that do not provide for its own effectivity date. When EO 279 was published, it became
immediately effective upon its publication. On EO 279s validity, it was issued before the convening of the
First Congress therefore the President was validly exercising her legislative powers.
5. Classification of Laws
Natural Law
Source: Internet
LEGALRESEARCH
B. Moral Law
2 | PLATON
B. Private Law
III. STATUTES
1. Statute, Defined
-A written will of the legislature expressed according to the form necessary to constitute it a law of the state
and rendered authentic by certain prescribed forms and solemnities
2. Classes of Statute Law
A. The 1987 Constitution
Constitution, Defined
-The fundamental law or supreme law of the land promulgated by the people. A law, to which all other laws
must conform
-The written instrument by which the fundamental powers of the government are established, limited and
defined and by which these powers are distributed among the several departments for their safe and useful
exercise for the benefit of the people
B. Treaties and International Agreements
Treaty, Defined
-An agreement between or among states which generally governs their mutual conduct with one another
C. Statutes enacted by the Legislature
Statute Proper, Kinds
Others
Prospective
Retrospective
Repeali
ng
Amendatory
Referen
ce
Declaratory
Separability
Clause
As to nature
Penal
Remedial
Substantive
Labor
Tax
As to application
Mandatory -non-compliance renders act void or illegal Directory -non-compliance does not invalidate act
As to
performance
Permanent
Temporary
As to scope
General
Special
Local
Note:
*TITLE must have only one subject to prevent hodge-podge or log- rolling legislation, to prevent surprise or
fraud, and to fairly apprise the people of the subject of legislation
Hodge-Podge, Defined
-A mischievous legislative practice of embracing in one bill several distinct matters, none of which, perhaps,
could singly obtain the assent of the legislator, and then procuring its passage by a combination of the
minorities in favour of each of the measure into a majority that will adopt them all
-Objective: to unite the legislators who favour any one of the subjects in support of the whole act. VOID
Test of sufficiency of title: indicates in broad but CLEAR terms in nature, scope and consequences of the
proposed law and its operation
In case of doubt as to the sufficiency of the title, the presumption is in favour of the validity of the acts
L E G A L R E S E A R C H 3 | PLATON
Lidasan vs COMELEC
21 SCRA 496
LEGALRESEARCH
| PLATON
5. Civil Law and Common Law System, Distinguished
-With respect to laws, the former are written laws at the time it was crafted while the latter are laws handed
down by elders through memory of men, originally unwritten then codified. In the former, judges only
interpret the laws because the legislature has the exclusive power of promulgating such; while in the latter
judges may legislate.
IV. CASE LAW
1. Case Law, Defined
-the decisions, interpretations made by judges while deciding on the legal issues before them which are
considered as the common law or as an aid for interpretation of a law in subsequent cases with similar
conditions. Case laws are used by advocates to support their views to favor their clients and also it
influences the decision of the judges. 1
-it comes from judicial authorities of the state and is the 2 nd major category of primary sources of law
2. Classes of Case Law
* Decisions Proper
-Decisions by regular courts of Justice2-Decisions of the Supreme Court-Decisions of the Court of Appeals-Decisions of
the Sandiganbayan-Decisions of the Court of Tax Appeals-Decisions of the Regional Trial Courts
-Decisions of the Metropolitan Trial Courts, the Municipal Trial Courts and the Municipal Circuit Trial Courts
* Subordinate Decisions
-Ruling of Boards, Commissions, and Administrative officers, and opinions of legal officers of the
Government3
-Decisions of the Senate Electoral Tribunal and the House of Representatives Electoral Tribunal
-Decisions of Administrative Agencies Exercising Quasi- Judicial Powers, such as:
-COMELEC-CSC
-Commission on Audit -NLRC
-Insurance Commission
-Housing & Land Use Regulatory Board -DAR Adjudication Board
3. Decision, Defined
-Judgment, decree, or determination of findings of fact and/or of law by a judge, arbitrator, court,
governmental agency, or other official tribunal (court) 4
A conclusion reached after an evaluation of facts and law.
*When referring to judicial matters, a decision is not the same as an opinion, although the terms are
sometimes used interchangeably. A decision is the pronouncement of the solution of the court or judgment in
a case, while an opinion is a statement of the reasons for its determination made by the court 5
4. Parts of a Decision/ Ponencia:
(1)Title (indicating the names of the parties)
(2)Syllabus (summary of important points of decision)
(3)Portion of the report that carries authority
______________________________________________________________________________
1Legal-explanations.com
2010
Joven
3Pedro Joven
4Hill, 2005
5West's Encyclopedia of American Law, edition 2
2Pedro
(4)Statement of facts
(5)Abstracts of briefs of counsels (Arguments)
(6)Opinion of the court
(7)Dispositive portion (decision) of the case
(8)Separate Dissenting or Concurring Opinion of Justices
NOTE: Per curiam - Report agreed upon by all justices
Joven
Encyclopedia of American Law, edition 2
8Civil Code, Paras (2008)
7West's
LEGALRESEARCH
5 | PLATON
2. Horizontal Stare
Decisis
s
10. Importance of Precedents
-The importance of precedent is summed up in the words of Lord Gardiner in London Tramways Co. vs.
London City Council where he said, '...[justices] regard the use of precedent as an indispensable foundation
upon which to decide what is the law and its application to individual cases. It provides at least some degree
of certainty upon which individuals can rely in the conduct of their affairs, as well as a basis for an orderly
development of legal rules'.
-Certainty leads to stability, and it is of the foremost importance in creating order in society.
Studyworld.com, 2010
The SC noted, however, that petitioners counsel relied on several decisions of the CA in addition to SC cases
to buttress his arguments. The SC reminded counsel that decisions of the CA are neither controlling nor
conclusive on this Court.
Nepomuceno vs City of Surigao 560 SCRA 41
FACTS: Petitioner filed a complaint before the RTC for Recovery of Real Property and/or its Market Value to
recover a lot which was occupied, developed and used as a city road by the respondent without permission
nor expropriation proceedings for its acquisition. Notwithstanding proposal for amicable settlement, the City
Mayor refused to pay. RTC granted petitioner P3,260 as compensation for the land in dispute. Not satisfied,
the petitioner appealed to the CA. The CA entitled petitioner for moral damages but affirmed the
compensation awarded. Petitioner sought for the value at the time of actual payment invoking CA decisions
with the substantial factual similarity in this case, as well as Article 1250 of the Civil Code.
HELD: Petition denied. In a long line of cases, it has been held that it is the value of the property at the time
of taking that is controlling for purposes of compensation. We find no application for Article 1250 because it
pertains to contractual obligations.
Moreover, petitioner cannot properly insist on the application of the CA decisions. A ruling of the CA on any
question of law is not binding on this Court. In fact, the Court may review, modify or reverse nu such ruling of
the CA.
RATIONALE: The owner of the private property should be compensated only for what he actually loses; it is
not intended that his compensation shall extend beyond his loss or injury.
Ayala Corporation vs Rosa-Diana Realty and Development Corp
346 SCRA 663
FACTS: Petitioner sold a parcel of land to Manuel Sy and Sy Ka Kieng. The Deed of Sale executed between the
parties contained special conditions of sale:
Submission of building plans for Ayalas approval, period of construction, and no resale of the said property.
The buyers failed to construct and the lot was then sold to herein respondent, with Ayalas approval,
promising to abide by the said special conditions. Building plans of The Peak were sent to
Ayala and, a substantially different one, to the building official of Makati. Ayala filed before the lower court an
action for specific performance of contractual obligation, in an alternative, rescission of the sale, which was
denied. Undeterred, Ayala tried to cause the annotation of a notice of lis pendens on the title but was denied
by the Register of Deeds of Makati. The Land Registration Authority reversed the ruling but was overturned
by the CA. Rosa-Diana filed a Demurrer to Evidence averring that Ayala failed to establish its right to the
relief sought which was sustained by the trial court. Ayala was guilty of abandonment and/or estoppel due to
its failure to enforce the terms of the deed of restrictions and special conditions of sale. The CA affirmed the
ruling of the trial court saying that the appeal is sealed by the doctrine of the law of the
L E G A L R E S E A R C H 6 | PLATON
case with reference to a previous case. Thus, Ayala is
barred from enforcing the Deed of Restrictions.
Hence, the appeal to this Court.
Lambino vs COMELEC
--
Parties
Facts
Prior
Proceedings
Issue
7 | PLATON
Disposition
--
Comments
Opinion
FACTS: On April 14, 1985, plaintiff Roridel O. Molina married Reynaldo Molina which union bore a son. After a
year of marriage, Reynaldo showed signs of immaturity and irresponsibility as a husband and father as he
preferred to spend more time with his friends, depended on his parents for assistance, and was never honest
with his wife in regard to their finances resulting in frequent quarrels between them. The RTC granted
Roridels petition for declaration of nullity of her marriage which was affirmed by the CA.
ISSUE: Do irreconcilable differences and conflicting personalities constitute psychological incapacity?
HELD: There is no clear showing that the psychological defect spoken of is an incapacity. It appears to more
of a difficulty, if not outright refusal or neglect in the performance of some marital obligations.
Mere showing of irreconcilable differences and conflicting personalities in no wise constitutes
psychological incapacity. It is not enough to prove that the parties failed to meet their responsibilities and
duties as married persons; it is essential that they must be shown to be incapable of doing so, due to some
psychological (not physical) illness.
The evidence merely adduced that Roridel and her husband could not get along with each other. There had
been no showing of the gravity of the problem, neither its juridical antecedence nor its incurability.
L E G A L R E S E A R C H 8 | PLATON
The following guidelines in interpretation and application of Article 36 of the Family Code are hereby handed
down for the guidance of the bench and the bar:
(1)Burden of proof belongs to the plaintiff
(2)Root causes of PI must be: medically or clinically identified; alleged in the complaint; sufficiently proven
by experts; and clearly explained in the decision
(3)PI must be proven to be existing at the time of the celebration of the marriage, although manifestation
need not be perceivable at such time
(4)Shown to be medically or clinically permanent
(5)Must be grave enough to bring about the disability of the party to assume the essential obligations of
marriage
(6)The essential marital obligations must be those embraced by Arts. 68-71 of the Family Code
(7)Interpretations given by the National Appellate Matrimonial Tribunal of the Catholic Church in the
Philippines, while not controlling, should be given great respect by our courts
(8)The trial court must order the fiscal and theSolicitor-General to appear as counsel for the State. No
decision shall be handed down unless the Solicitor General issues a certification, which will be quoted in the
decision, briefly stating his reasons for his agreement or opposition to the petition
Judgment reversed and set aside.
Hernandez vs. CA 320 SCRA 76
FACTS: Lucita Estrella married Mario Hernandez on Januray 1, 1981 and they begot three children. On July 10,
1992, Lucita filed before the RTC of Tagaytay City, a petition for annulment of marriage under Article 36
alleging that from the time of their marriage, Mario failed to perform his obligation to support the family,
devoting most of his time drinking, had affairs with many women and cohabiting with another women with
whom he had an illegitimate child, and finally abandoning her and the family.
The RTC dismissed the petition which was affirmed by the CA.
ISSUE: Whether there was psychological incapacity under Article 36.
HELD: Petitioner failed to establish the fact that at the time they were married, private respondent was
suffering from psychological defect which in fact deprived him of the ability to assume the essential duties of
marriage and its concomitant responsibilities. As the Court of Appeals pointed out, no evidence was
presented to show that private respondent was not cognizant of the basic marital obligations. It was not
sufficiently proved that private respondent was really incapable of fulfilling
his duties due to some incapacity of a psychological nature, and not merely physical.
Private respondents alleged habitual alcoholism, sexual infidelity or perversion, and abandonment do not by
themselves constitute grounds for finding that he is suffering from a psychological incapacity within the
contemplation of the Family Code. It must be shown that these acts are manifestations of a disordered
personality which make private respondent completely unable to discharge the essential obligations of the
marital state, and not merely due to private respondents youth and self- conscious feeling of being
handsome, as the appellate court held.
Judgment affirmed.
Marcos vs. Marcos
G.R. No. 136490, October 19, 2000
FACTS: Plaintiff Brenda B. Marcos married Wilson Marcos in 1982 and they had five children. Alleging that the
husband failed to provide material support to the family and have resorted to physical abuse and
abandonment, Brenda filed a case for the nullity of the marriage for psychological incapacity. The RTC
declared the marriage null and void under Article 36 which was however reversed by the CA.
ISSUES:
1)Whether personal medical or psychological examination of the respondent by a physician is a requirement
for a declaration of psychological incapacity
2)Whether the totality of evidence presented in this case show psychological incapacity.
HELD: Psychological incapacity, as a ground for declaring the nullity of a marriage, may be established by
the totality of the evidence presented. There is no requirement, however that the respondent should be
examined by a physician or a psychologist as a conditio sine qua non for such declaration.
Although this Court is sufficiently convinced that respondent failed to provide material support to the family
and may have resorted to physical abuse and abandonment, the totality of his acts does not lead to a
conclusion of psychological incapacity on his part.
There is absolutely no showing that his defects were already present at the inception of the marriage or
that they are incurable.
Verily, the behavior of respondent can be attributed to the fact that he had lost his job and was not gainfully
employed for a period of more than six years. It was during this period that he became intermittently drunk,
failed to give material and moral support, and even left the family home.
Thus, his alleged psychological illness was traced only to said period and not to the inception of the
marriage. Equally important, there is no evidence showing that his condition is incurable, especially now that
he is gainfully employed as a taxi driver.
In sum, this Court cannot declare the dissolution of the marriage for failure of petitioner to show that the
alleged psychological incapacity is characterized by gravity, juridical antecedence and incurability ( Santos v.
CA, 240 SCRA 20); and for her failure to
L E G A L R E S E A R C H 9 | PLATON
observe the guidelines as outlined in Republic v. CA and Molina, 268 SCRA 198
Republic vs. Dagdag
G.R. No. 109975, February 9, 2001
FACTS: Plaintiff Erlinda Matias married Avelino Dagdag in 1975 and they begot children. A week after the
wedding, Avelino would disappear for months. During the times he was with the family, he indulged in
drinking sprees with friends and would return home drunk. He would likewise inflict physical injuries on her.
In 1983, Avelino left the family again and that was the last they heard from him. Erlinda later learned that
Avelino was imprisoned but escaped from jail.
In 1990, Erlinda filed with the RTC of Olongapo City a petition for nullity of marriage for psychological
incapacity. On December 17, 1990, the date set for presentation of evidence, only Erlinda and her counsel
appeared. Erlinda testified and presented her sister-in-law, Virginia Dagdag, as her only witness. Virginia
testified that she is married to the brother of Avelino. She testified that Erlinda and Avelino always quarreled,
and that Avelino never stayed for long at the couples house. Thereafter,
Erlinda rested her case. The RTC declared the marriage null and void under Article 36 of the Family Code
which was affirmed by the CA.
ISSUE: Whether the husband suffers from psychological incapacity as he is emotionally immature and
irresponsible, a habitual alcoholic and a fugitive from justice.
HELD: Taking into consideration these guidelins laid down in the Molina case, it is evident that Erlinda failed
to comply with the required evidentiary requirements. Erlinda failed to comply with guideline No. 2 which
requires that the root cause of psychological incapacity must be medically or clinically identified and
sufficiently proven by experts, since no psychiatrist or medical doctor testified as to the alleged
psychological incapacity of her husband. Further, the allegation that the husband is a fugitive from justice
was not sufficiently proven. In fact, the crime for which he was arrested was not even alleged. The
investigating prosecutor was likewise not given an opportunity to present controverting evidence since the
trial courts decision was prematurely rendered.
Judgment reversed and set aside.
VII. BASIC LEGAL CITATION
1. Purpose of Legal Citation
-Reference; Provides the information necessary for the reader to locate the reference (specific statute, court
opinion, law review, encyclopedia) allowing the reader to check its content
*Guide/ Source:
Bluebook (Harvard Law Review Association); and
ALWD
Supra same as above
Id, Idem same page cited in the case
Search Materials and Finding Tools:
1. Citators
-They supply references to decisions in which other cases have been cited, reviewed, affirmed, reversed,
overruled, criticized or commented upon, and to cases in which statutes have been construed, and to
statutes in which prior acts have been amended, renewed or repealed
-A citator is a finding tool that provides the subsequent history of reported cases and lists of cases and
legislative enactments construing, applying or affecting statutes
-Shepards Citations published by Shepards McGraw-Hill, lists virtually every published case by citation, in
both official and unofficial reporters, and then list under its citation every subsequent case that has cited the
case in question. The process of updating a case through this method is referred to asShepardizing.
2. Indexes
-The word index usually means a subject-index which is like the index found in textbooks, statutes, etc. A
subject index is an alphabetically arranged topical words in which, by means of references under each topic,
material relating to these topics expressed in appropriate words is digested
3. Bibliographies
-A bibliography is a list of descriptions of published materials either relating to a given subject, or by a given
author. A bibliography of law books may refer to a list of an authors legal words, or of the literature bearing
on a particular subject or field of law
VIII. ELECTRONIC RESEARCH
Philippine Laws Premium Edition
Contents:
1.Subject Index
2.Selected Laws with Annotations
3.Philippine Constitutions
4.Statutes
5.Presidential Issuances
6.Supreme Court Issuances
7.Spanish Era Code
8.Treaties
9.Implementing Rules and Regulations
10.Rules and Procedures
Jurisprudence
1.G.R. Nos.
2.Cases from 1901-2009 (2010, 2nd Quarter)
Description
Connected words
Proximity, in order
Proximity, unordered
Character replacer
Synonyms
Related root word extender
Code
xxx
xxx/10
xxx@10
wom?n
$
%
EVIDENCE
LEGALRESEARCH
LAW
10 | PLATON
The duty of the legal researcher arises on the third instance where you have both the facts and the
evidences but not the law
Cases
-Published reports of dispute which have come before the court including the reason for the decision and the
decision itself
-Published reports found in the Official Gazette, Philippine Reports, SCRA, SCANT, etc
Case Brief
-Written summary of the abstract of the case, in your own words
Case Brief,Elements 1. Facts
-Contains the parties involved, date of the case, controversies, cause of action (arises from the act of another
violating the right of someone, the latter having the cause of action)
2. Issues
-Problem, sub-issues
3. Arguments
-Parties, court, discussion of pros and cons
-Formulation through general proposition from considering facts (inductive reasoning)
4. Decision-Application of the law
3.Furnish important additional information about the referenced material and its connection to the writers
argument to assist readers in deciding whether or not to pursue the reference
The task of legal citation in short is to provide sufficient information to the reader of a brief or
memorandum to aid a decision about which authorities to check as well as in what order to consult them and
to permit efficient and precise retrieval -- all of that, without consuming any more space or creating any
more distraction than is absolutely necessary (Adapted from Cornell Library 2005, with permission)
III. Types of Citation Principles
1.Full Address Principles: Principles that specify completeness of the address or identification of a cited
document or document portion in terms that will allow the reader to retrieve it
2.Other Minimum Content Principles: Principles that call for the inclusion of additional information items
beyond a retrieval address -- the full name of the author of a journal article, the year a decision was rendered
or a statutory codification last updated
3.Compacting Principles: Principles that reduce the space taken up by the information items included in a
citation. These include standard abbreviations (Supreme Court becomes S.C.) and principles that
eliminate redundancy
L E G A L R E S E A R C H 11 | PLATON
4. Format Principles: Principles that punctuation, typography, order of items within a citation, and the like.
IV. How to cite Constitutions
1. Constitutional Text
CONSTITUTION, Art. VI, Sec. 2
CONSTITUTION, (1935), Art. III, Sec. 1, par. (3)
*When the Constitution is no longer in force, enclose the year when it took effect in parentheses
2. Constitutional Proceedings: cite the volume in roman numeral, followed by the word RECORD/JOURNAL,
CONSTITUTIONAL COMMISSION, the page number, and the date of deliberation in parentheses
II RECORD, CONSTITUTIONAL COMMISSION 24 (June 24, 1986)
E. Cite provincial, city, and municipal ordinances: name of the local government unit, serial number of
ordinance, and date of adoption
Manila Ordinance 6120, January 26, 1967
2. Codes: cite the name of the particular code and specific article or section (if numbered continuously; or
the headings, from general to specific, followed by the article or section (if not numbered continuously)
CIVIL CODE, Art. 297 CIVIL CODE (1889), Art. 67
ADMINISTRATIVE CODE, Book IV, Title 1, Chapter 9, Sec. 29
*When the code is no longer in force, enclose the year of effectivity in parentheses after the name of the
code
3. Legislative Proceedings: cite the volume in roman numeral, followed by the word RECORD/JOURNAL,
HOUSE/ SENATE, the specific Congress, the session number, the page number, and the date of deliberation in
parentheses
II RECORD, HOUSE 6TH CONGRESS 1ST SESSION 24 (June 24, 1966)
D. Cite Rules and Regulations: abbreviated name of the agency together with the designation employed in
the rules, serial number, year of promulgation in parentheses, and the section or paragraph
Labor Employment Service Regulation No. 3 (1966)
-cite names of corporations, associations, business firms and partnerships in full. Words forming part of such
names may be abbreviated, except the first word
Mata v. Rita Legarda, Inc.
-cite cases involving the Government of the Philippines and criminal cases as follows:
U.S. v. Jaranilla
Government v. Abadinas
Republic v. Carpin
People v. Santos
-cite local government units by their level, followed by their official name
Province of Rizal v. RTC
-cite case names beginning with procedural terms like In re. as they appear in the decisions. Use In
re instead of In the matter of
In re Elpidio Z. Magsaysay
C. Case Reports
Concepcion v. Paredes, 42 Phil. 599, 607 (1921)
People v. Suzuki, G.R. No. 120670, October 23, 2003, 414 SCRA 43
LEGALRESEARCH
12 | PLATON
v.
v.
v.
v.
Paredes,
Paredes,
Paredes,
Paredes,
2. Id - when citing the immediately preceding footnote that has only one authority
1Concepcion
2Id.
3Id.
at 601
3. Introductory Signals
A. Signals that indicate support
Cited authority directly states or
clearly
supports the proposition
authority
additiona
See also Cited constitutes
l
source material that supports the
proposition
Cf.
Meanscompare;
cited authority
supports a proposition different
from
the main proposition but
sufficiently
analogous to lend
support
See
But should be omitted from But cf. whenever it follows But see
D. Signal that indicates background material
See generally Cited authority presents helpful background material related to the proposition
E. Order of Signals