CHAPTER VI Philippine Legal Citations Sources of Law 61 Primary Sources 61.1 STATUTES a. Constitution a2. Cited by reference to the article, section and the paragraph. The year is placed in parenthesis. Example: Const. (1935), Art. VIII, Sec, 1 Const. (1973), Art. X, Sec. 1 Const. (1987), Art. VIII, Sec. 1 Other book on legal citations provide that when the current law is cited, the date is not included. Taking into consideration the number of times the Philippine Constitution was revised, it is important to include the date. There is now a move to revise/amend the Philippine Constitution apparently that which affects the economy. Statutes proper Laws passed by the Legislative Department from 101 to present are cited as follows: 2.1 Laws 1901-1934 Act No. 136 (1901) 80CHAPTER VI PHILIPPINE LEGAL CITATIONS: i 2.2. Commonwealth Acts, 1935-1945 Com. Act No. 35 (1935) 4.23, Republic Acts, 1946-1972, 1987-present Rep. Act No. 3019 (1960) a.2.4. Presidential Decrees, September 21, 1972-Febru- ary 1986 Pres. Decree No. 442 (1972) a2. Batas Pambansa, January 1979-February 1, 1986 Batas Blg. 129 (1980) a3. Treaties Treaties entered into by the Philippines whether it be Bilateral or Multilateral. Cited by the name of the treaty and the date when the treaty was signed. Example: 1 Printed source Philippines Extradition Treaty with the United States, November 27, 1981. 8 PTS 978 - Source 8 cited in the source represents the volume number of the Philippine Treaty Series and 978 is the page where the treaty was printed. Electronic Sources may be stated as follows: Philippines Extradition Treaty with the United States, November 27, 1981. Available at http://www. hii in tional/ treaties /extrad.html; Li tionalextraditionblog.com/2011/- united-states last visited January 29, 2013 44, Executive/Presidential Issuances Presidential issuances are cited by the number of the issuance and followed by the date of issuance. Theas. LEGAL RESEARCH AND LEGAL CITATIONS TOR THE PHILIPPINES tant for each time a President is elect, d date is impor" ber starts with the first numbe a into office, the num’ (No.1) ad.l Executive Orders Exec. Order No. 200 (1986) aA4.2. Proclamations Proc. No. 1081 (1972) 43. Administrative Orders ‘Adm. Order No. 200 (2005) add There are special presidential issuances under Martial law as follows: a44.1 General Orders Gen. Order No. 1 (1972) a44.2 Letters of Instructions L.O.1. No. 2 (1972) 4443 Letters of Implementation L.O. Impl. No. 1 (1972) 4.4.4. Letters of Authority L.O.A. No. 1 (1972) ‘Administrative Rules and Regulations agencies promulgate Government offices and They are cited by the their own rules and regulations. abbreviation of the name of each agency, followed by the name of the specific rule or regulation. Each yea the number of their rules and regulations starts with the first number (No. 1) Example: enc tminstrative Order No. 1 prom epartment of Energy on January 5, 2006. cit DOE Adm. Order No. 1 (2006) Supreme Court Administrative Order No.) adopted in 2005, Cited as: SC Adm. Order No. 1 (2008) sulgated by the ited 2:CHAPTER VI PHILIPPINE LEGAL CITATIONS. * Abbreviations as to the names of the different Government Agencies are through the Acronyms of the Agencies, which is also reflected in their website address. Example are as follows: Name of Agency __| Abbreviation | _ Website Address Department of DAR — | www.dargovph Agrarian Reform | pornos} | Department of DA | www.dagovph Agriculture Department of Budget DBM — | www.dbm.govph and Management Department of DEPED | www.deped.govph Education: Department of Energy DOE [www.doegovph | Department of DENR — | wwwdenrgovph Environment and Natural Resources Department of Finance DOF __[wwwdotgovph _| Department of Foreign DFA | www.dfagovph Affairs | Department of Health DOH __|wwwdohgov.ph Department of Interior DILG | wwwadilg.gov.ph and Local Government Department of Justice DOJ__| wwwedoj.govph Department of Labor DOLE | www.dole.govph and Employment | Department of DND | www.dnd.govph National Defense Department of Public DPWH — | www.dpwhgov.ph Works and Highways Department of Science DOST — | www.dost.gov.ph and Technology Department of Tourism | DOT _ | www.dot-gouph Department of Trade DTI wwwadti.govph and IndustrySEARCH AND LEGAL CITATIONS LEGAL RE’ FOR THE PHILIPPINES DSWD | www.dswd govph Department of Social Welfare and Development Department of www.dote govph ‘Transportation and Communicati Civil Service csc | wwwesc.govph Commission, ‘Commission on COMELEC | www.comelecgovgh Elections ‘Commission on Audit COA __| wwwcoagovph ‘Commission on CHR | wwwechrgovph Human Rights Office of the Solicitor 0sG — | wwwosg.govph General a6 Ordinances The laws passed by the city, municipal provincial government (local government) are in the form of ordinances. They are cited by providing the name of the city, municipality or the province, followed by the ordinance number and the date. Example: City Ordinance No. 1 of the city of Manib approved on June 21, 2004. Cited as : Manila Ordinant No. 1, June 21, 2004. SOURCES for Statutes — The Sources Constitution (a.1) and Statutes Proper/Legislative enactments (a.2) are found at generally are not indicated. Sources are indicated om! for Treaties (a.3) and Executive Issuances (a). lav to the availability of different sources, the sout®° statutes in general are made as follows: 1. _ Printed/Published SourcesCHAPTER vi PHILIPPINE LEGAL CITATIONS a La. Primary Source Rep. Act No. 3019 (1960), 57 OG, N 4072 (May 29, 1961) oe 1b. Secondary Source Rep. Act No. 3019 (1960), 4 PPGS 8 ae 5 (Rev. ed., 2. Electronic Sources Rep. Act No. 3019 (1960), available at wwwlaw- phil.net/statute/ repacts (last visited August 29, 2012); www. sman.gov.ph, republi- cacts (last visited August 30, 2012); www.bsp. gov.pg/ regulations /Jaws (last visited August 31, 2012) a.7. Court Rules The Rules of Court is cited like any ordinary code by its name, followed by the rule number and section. Example: Rule of Court, Rule 14, Sec. 1 ‘The Supreme Court through the proposal of the Committee of Revision of Rules Courts been amended the Rules of Court by subject, such as Civil Procedure, Criminal Procedure, Evidence, Special Proceedings. They are now cited by said amendments as follows: 1. Criminal Procedure, Rule 115, Sec. 1 (2000) 2. — Civil Procedure, Rule 70, Sec. 1 (1997) 61.2 JURISPRUDENCE — Court Decisions Court decisions from the Supreme Court down to the lower courts can be identified through their case number cited as follows: 1. Supreme Court decisions — G-R- No. ___ date of promulgationnv ~ LEGAL RESEARCH AND LEGAL CITATIONS FOR THE PHILIPPINES Court of Appeals decisions — CA-GR y, -R, CV, CR or SP, date of promulgation Sandiganbayan decisions — Sandiganba, Crim Case No. date of promulgation Metropolitan Trial Courts — MeTC (Place and Branch No.) Civil or Criminal Case No date of promulgation People y, Santiago, MeTC (Quezon City, Branch 11) Crim. Case No. 4444, May 10, 2005 Municipal Trial Courts and Municipal Circuit Trial Courts decisions MTC or MCTC (Place) Criminal or Civil Case No. date of promulgation Shari‘a District and Circuit Courts — Sharia Dist/Cire. Ct (Place) Case no, date of promulgation SOURCES or Citations for court decisions depends on whether it is from a) primary source; b) secondary source; c) electronic source b.1.1. Court decisions from the Philippine Reporls, a primary source are cited by the family name of the parties, the volume number of the source, page, and the year of promulgation in parenthesis. If a specific portion of a decisionis used, the page must be included in the citation Example: Ong v. People, 399 Phil. 686 (2000) Ong v. People, 399 Phil. 686, 688 (2002) — 686 is the page where the case started 688 is the specific page where the doctrine us = found Mactan-Cebu International __Airpo* Authority v. Chiongbian, 399 Phil. 695 (2000) adCHAPTER VI a7 PHILIPPINE LEGAL CITATIONS The complete name of the agency, com- Pany, corporation, etc. must be included. Exception this the general rule are Islamic, Chinese names which are cited in full. Those a Christian first names follow the general rule. Example: Sy Chin v. Tang Ching Heng & Co., 399 Phil. 442 (2000) b.1.2. Court decisions from secondary sources such as the Supreme Court Reports Anno- tated (SCRA), Supreme Court Advance Decisions (SCAD) are cited by the family name of the par- ties, G.R. No. __, date of promulgation, vol- ume number of the Court Reports and page. Ong v. People, G.R. No. 139006, November 27, 2000, 346 SCRA 117 There is no need to indicate the year after the page. b.1.3. Court decisions from electronic source Ong v. People, GR. No. 139006, November 27, 2000, available at _httpi//scjudiciary.gov. jurisprude (last visited August 30, 2012) b.2. Administrative decisions Cited by the name of the agency (abbrevi- ated form), case number and date of promulga- tion. Example is decision: Santos v. Dizon, January 6, 2006 a Civil Service Commission CSC Adm. Case No. 12345,88 LEGAL RESEARCH AND LEGAL CITATIONS FOR THE PHILIPPINES 6.2 Secondary Sources — a1 Commentaries, treatises and other secondary sources Senator Ambrosio Padilla’s book entitled 1987 Constitutions of the Republic of the Philippines: Win, comments and cases” was published in 1990 in 3 vols. On ’ ; page 779 of volume 3, Sen. Padilla presented a tabula, ¢ presentation of the 1935, 1973 and 1987 Constitutions. ¢ This is cited as: : 3A. Padilla, The 1987 Constitutions of the Republic 3 of the Philippines 779 (1990) . a2. Article, Essay of a Speech found in a Book 2 R.D. Nicholson, The Paperless Court?: Technology and the Courts in the Region, in The Supreme Court Lecture Series 461 (2002) 1. Printed Source a3. Periodical /journal articles J. C. Barcena, Easing the Counter-Majoritarim Difficulty: the Judiciary in a Developing Society. + Phil. L. J. no. 4, 882 (2010) y Electronic Source J. C. Barcena, Easing the Counter-Majoritarian Difficulty: the Judiciary in a Developing Society 4 Phil. L. J. no. 4, 882 (2010) Available at www journal. upd.edu.ph/ index (last visited August30, 2012) and www. law.upd.edu.ph/plj (last visited August 30, 2012) Legal Periodicals are cited by the name of he Institution. Law Journal is abbreviated as LJ and La" Review as L. Rev Some of the Existing Periodicals as cited a5: Ateneo Law Journal i tee tl Ateneo LJ- — |_ qumen PHILIPPINE LEGAL CITATIONS: o CEU Law Journal CEULJ. Court Systems Journal Ct. Systems J. Journal of the Integrated of the __ Philippines J. Integ. Bar Phil. Philippine Law Journal Phil. LJ. Philja Journal Philja J. San Beda Law Journal San Beda LJ. a. Newspaper articles 1. Printed Source C. Avendano, Chief Justice Sereno Releases Her SALN: P18 Million, Phil. Daily Inquirer, August 31, 2012, A20. E. Punay, All SC Justices Release SALN; C] Worth P18M, Phil, Star, August 31, 2012, p. 1, col. 5 J. Canlas, Del Castillo Is Richest $C Justice, Manila Times, August 31, 2012, p. 1, col. 5 2. Electronic Source C.Avendano, Chief Justice Sereno Releases Her SALN: P18 Million, Phil. Daily Inquirer, August 31, 2012, ‘Available at http://newsinfo. inquirer.net 078/chief-j e-sereno- “her-saln-p18-million (Last visited, September 1, 2012) 63. Citations Repeatedly Used ‘The following repeating citations are cited in an italicized form. a. ccessive citation of the same “Ibid” — Used for su Cae ati ithesame volume and the same page document “Id” — More popu 1 Id is used in citing the same cita page etc. ive citations. larly used for successive ct 2 tion but has a different90 LEGAL RESEARCH AND LEGAL CITATIONS FOR THE PHILIPPINES Example: °F. M, Fernando. The Constitution of the Philippines 999 (2d ed., 1977)- : "qd. at 1012. 3d. at 500. “Supra” — This been previously cited or the preceding page- s£.M. Fernando, supra at 505. Ong v. People, supra at 119. js used when the citation previously citedis «s is used to identify a citation that has whether it be on the same page d. Supranote too far. 1g, M. Fernando. The Constitution of the Philippines. 999 (2d ed., 1977). 20 M. Fernando, supra note Lat 600. Note 1 is the footnote where the book was first cited and 600 is the specific page of the book that is used. Gee note 1, supra. This means that you are citing exactly what is found in footnote No. 1 64 Bibliography Agpalo, Ruben. Philippine Constitutional Law. Manila: Rex Book Store (2006) 730p Bernas, Joaquin. The 1987 Philippine Constitution: A Commentary. 2003 ed. Manila: Rex Book Store, Inc. (2003) 1359p. Bernas, Joaquin. The Philippine Constitution for Ladies, Gentlemen and Others. Manila: Rex Book store (2007 325p. Bernas, Joaquin. The (Revised) Philippine Constitution- 1983 ed. Manila: Rex Book Store (1983) 2 vols.