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LEGAL CITATION

BASIC LEGAL CITATION


What is "legal citation"?
It is a standard language that allows one writer to refer to legal authorities with sufficient precision and
generality that others can follow the references.

When lawyers present legal arguments and judges write opinions, they cite authority. They lace their
representations of what the law is and how it applies to a given situation with references to statutes,
regulations, and prior appellate decisions they believe to be pertinent and supporting. They also refer to
persuasive secondary literature such as treatises, restatements, and journal articles.

Purposes of Legal Citation


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

Example:

To prove tortuous interference, the plaintiff must show that the defendant intentionally
interfered with the plaintiffs economic relations with improper purpose or means. Leigh
Furniture & Carpet, Co. v. Isom, 657 p. 2d 293, 304 (Utah 1982)

2. SUPPORT
citation facilitates support by directing reader to a specific legal or factual authority in the text.

Types of Citation Principles


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.

Other Minimum Content Principles:


Principles that call for the inclusion in a citation 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 book, published.

Compacting Principles:
Principles that reduce the space taken up by the information items included in a citation. These include
standard abbreviations and principles that eliminate redundancy.
Format Principles:
Principles about punctuation, typography, order of items within a citation, and the like. Such principles apply
to the optional elements in a citation as well as the mandatory ones. One need not report to the reader that
a cited Supreme Court case was decided 5-4; but if one does, there is a standard form.

Types of Sources
Primary Sources

Constitution
Codes
Session Laws
Bills, Resolution & Committee Reports
Treaties
Presidential Acts
Ordinances
Cases
Secondary Sources
Books and Pamphlets
Periodical Articles
Annotations
Newspapers
Internet Sources

Proper Citations
CONSTITUTION

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)


STATUTES AND SIMILAR MATERIALS
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 Defence and Security, H. Rpt. 28, 5th Cong., 1st Sess. (1962)
Note: For committee reports, give the name of committee.
BATASANG PAMBANSA

<Origin of bill>, <bill number>, <Number of 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 committee.
Ideas

TREATIES AND INTERNATIONAL AGREEMENTS

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

Treaty of Friendship with India, July 11, 1952 (1953), II-2 D.F.A.T 1,2 P.T.S. 797, 2003 U.N.T.S. 73

PRESIDENTIAL ACTS
Executive orders: Exec. Order No. __ (year)
Exec. Order No. 329 (1950), 46 O.G. 2053 (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 DECISIONS
1. CASE NAMES

A. General Rule:
<Surname of Party v. Surname of Other Party>, <Volume> <Title> <Page of Report> (Year
of Promulgation)
Example:
Ariaga v. Javellana, 92 Phil. 330 (1952)
NOTE:
(a) If used in the text, underline it. Thus:

In Ariaga v. Javellana, 92 Phil. 330, the Supreme Court ruled:

(b) If printed, italicize it. Thus:

As a general rule, due process must be observed before an employee may be


dismissed. (Avelino v. Court of Appeals, 103 Phil. 369)

(c) If two or more actions are consolidated, cite only first listed. (Applies on each side)

RIGHT: Javellana v. The Executive Secretary, 50 SCRA 30

WRONG: Javellana v. The Executive Secretary; Tan, Araneta, Roces, Crudo, Miranda,
Peralta and Tanada v. The Executive Secretary, The Secretary of Finance, The
Secretary of Justice; Roxas, Padilla, Salonga, Laurel, Mitra v. The Executive Secretary,
Juan Ponce Enrile, in his capacity as Secretary of National Defense, General Romeo
Epino, in his capacity as Chief of Staff of the Armed Forces of the Philippines, 50 SCRA
30

Exceptions to General Rule

(1) Islamic and Chinese Names

Lim Sian Tek v. Ladislao not Lim v. Ladislao


Una Kibad v. Commission on Elections not Kibad v. Commission on Elections
*As to Christian first names, follow the general rule:
Wong v. Dizon not Joseph Wong v. Dizon

(2) Compound Names

People v. De la Cruz not People v. Cruz


Galeos-Valdehuesa v. Republic not Valdehuesa v. Republic
(3) Names of corporations, associations, business firms and partnership
Balite v. Jollibee Foods Corp., Inc. not Balite v. Jollibee

*May be abbreviated, except the first word

Ex. Allied Workers Assn of the Phil. v. Republic Trading Corp.

*If one of the parties is a partnership, dont omit any portion of its name (Arts.
1815 to 1827 of the New Civil Code)

Ex. Cruz v. Merrill, Lynch, Pierce, Fenner & Smith, Inc.


*Omit alternative names given for any party

Ex. Wilson U. Ng doing business and style as Compact Blockbuster Video, Inc. v.
Juan de la Cruz

(4) Public Officers or Offices

a. 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
b. Office is named, complete name of the office
Ex. Collector of Internal Revenue v. Tan Eng Hong

(5) Municipalities, Cities, and Provinces

*Province of Rizal v. R.T.C.


*City of Cebu v. Ledesma
(6) Cases involving the Government of the Philippines and criminal cases
* Government v. _____
* Commonwealth v. ___
* Republic v. ___
*U.S. v. ___
* People v. ___
(7) Case names beginning with procedural terms like Ex parte, Ex rel and In re as
they appear in the decision. In re instead of In the matter of
Ex Parte Milligan
U.S. ex rel Greathouse v. Smith
In re Barreto

CASE REPORTS
A. SUPREME COURT DECISIONS

1. Philippine Reports: <volume> Phil. <page> (year)

Diaz v. Estrera, 78 Phil. 637 (1947).

*If not yet published or a very recent decision:

<Title of the Case>, <G.R. Number>, (Date)

People v. Nubla, G.R. No. 13 7164, June 19, 2001


2. 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)

*If found in supplement:

46 O.G. Supp. No. 11, 22 (Nov. 1950)

3. General Register (G.R.) - Advance decision of the SC

G.R. No. ________<date of promulgation>

*Omitting the L- which refers to post-liberation decisions

Ex. Estepan v. Diansay, G.R. No. 14733, September 30, 1960.

Disciplinary cases:

a. Against atty.-at-law: G.R. Adm. Case No.__, <date of promulgation>

In re Uy, G.R. Adm. Case No. 533, April 29, 1968.

b. Against judges: G.R. Adm. Case/Matter No.________, <date of promulgation>

Secretary of Justice v. Catolico, G.R. Adm. Case No. 203-J & Adm. Matter No. 625-CFI, November
18, 1975

B. 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. Valpea, 2 C.A. Rep. 2d 64 (1962)

*CA General Register (advance decision of the CA): C.A.-G.R. No__. Date of promulgation

* Calibo 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)
C. OTHER COURTS

*Sandiganbayan: Sadiganbayan 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)

*Court of Tax Appeals: CTA Case No.__, date of promulgation

Abad v. Commissioner of Internal Revenue, CTA Case No. 717, June 4, 1963

D. OTHER COURTS

*RTC: RTC (Place and Branch No.) Crim. Case or SP No. R-__, 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) Criminal Case No.__, date of promulgation

*People v. Soliven, MCTC (Paoay-Cirrimao, Ilocos Norte) Crim. Case No. 992-C, November 11,
1983

*Shariah District and Circuit Courts: Shariah Dist/Circ. Ct. (place) date of promulgation

*Al-Awadhi v. Rulona, Shariah Dist. Ct. (Marawi City) Special Proceeding No. 011-87,
September 15, 1988

ADMINISTRATIVE DECISIONS
Name of the Agency (when there is an abbreviated form, use abbreviation or acronym) case number and
date of promulgation

Ex. Tinio v. Dizon, DENR Case No. 2734, April 24, 1967

In re Colocado, CSC Adm. Case No. R-27182, September 29, 1964

Some administrative agencies and boards exercising regulatory and quasi-judicial functions:

JAGO CAB DENR OMBUDSMAN

BFAR COA DOJ NAPOLCOM


BFAD COMELEC DND OSG

BIR CHED DOLE LTFRB

CSC CHR NBI DILG

SECONDARY SOURCES
BOOK AND PAMPLETS

<Volume- if more than one>,<Author- initial of first name and surname>, <title of book>, <page>, <section>,
or <paragraph>, <edition>, and (date)

Formally printed works of general circulation are cited in large and small capitals while works
not normally printed are cited in regular roman with the title of the book underscored.

Volume number in Arabic

Examples:

* I. M. MORAN, COMMENTS ON THE RULES OF COURT 195 (6th ed., 1963)

* P. Fernandez & C. Quiason, Labor Standards and Welfare Legislation 173 (1964)

a. For bibliographical purposes, include the first name of the author (in inverted form), place of
publication, publisher, and date in parenthesis, and inclusive pages.

b. For unofficial reports of cases, cite by volume, abbreviated citation of the reports as indicated
by publisher, page and year.

Examples:

46 SCRA 160 (1972)

35 SCAD 361 (1989)

Some unofficial Philippine Reports:

CARA, Phil. Dec., SCRA, SCAD, PRA

c. For unofficial collection of treaties and the like: volume, title, page and year

3 P.T.S. 161 (1969)

d. For unofficial collection of statutes: volume, title or abbreviated citation as indicated by the
publisher, page.
Example:

III C.P.S. 586

Some unofficial Philippine Compilations:

Com. A.A.- Commonwealth Acts Annotated

P.A.L.- Philippine Annotated Laws

C.P.S.- Compilation of Permanent Statutes

Pub. L.A.- Public Laws Annotated

V.L.D.- Vital Legal Documents

COLLETION OF ESSAYS AND ARTICLES


All Essays or articles by the same author: Name (initial of first name and surname) and the title
of the book are printed in large and small capitals and the title of the essay or article in italics.

Essays by various authors: names are printed in regular roman.

Examples:

LAUREL, THE CRISIS OF OUR CONSTITUTIONAL SYSTEM, IN BREAD AND FREEDOM

J. Ponce Enrile, The Tax Treatment of Real Estate Transactions, in 1964 ASPECTS OF
PHILIPPINE TAX LAW 81.

NEWSPAPER ARTICLES
Title of newspaper are printed in regular roman and are cited with the date of issue, page,
and column.

Manila Times, Dec. 9, 1966, p.5, col. 1

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,p1, 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, Ateneo L.J. 307-314 (1953)

-include citation to printed work if available

PERIODICAL ARTICLES

*PERIODICALS paged consecutively throughout the volume

<initial of first name, surname>, <title of articles>, <volume>, <name of periodical in large and
small capitals>, <page and year number in parenthesis>

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. 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 period of
issue

F. Medalla, Judicial Review and Cautionary Consideration of its Exercise, NOBA L.J. Sept. 13,
1965

ELECTRONIC SOURCES

Journal articles only available in the internet

<Authors>,<title of article>, <volume>, <journal title>, <article reference>, (<year>)<source>


[paragraph]

Larry Innes, Aboriginal Rights and Interpretative Responsibility, 4 E. Law (1997)


http://www.murdoch.edu.au/claw/[15-18]

Articles published on web but is not part of a journal

<Authors>,<title of article><Homepage Title>, <Relevant Organization>, <Article Reference>


(year), <Uniform Resource Locator>

Vince DiStepano, Guidelines for Better Writing Available http://usa.net/-vinced/home/better-


writing.html January 9, 1996

REPEATING CITATIONS
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 rule as supra
Seldom used because one should put full citations first
Ibid (the same reference)
Reference to a citation in 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, used 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.

Op. cit. (work cited)

To avoid repeating titles of books and periodical articles, preceded by authors 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]

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)

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

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 by a selective citation
of one or a few cases