LEGAL CITATION

A citation is a reference to legal authorities and

precedents such as statutes, cases, regulations
and law review articles. Citations are used in
arguments to courts, legal textbooks, law review
articles and the like to establish or fortify the
propositions argued.
PURPOSE OF CITATION
SIGNIFICANCE OF CITATION
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.
Ebralinag, et al vs. Div. Supt. of Schools of Cebu G.R.
No. 95770, March 1, 1993

1987 Constitution, (Sec. I, Art XIV)

to receive free education, for it is the duty of the state to ‘protect

and promote the right of all citizens to quality education, and to
make such education accessible to all
In 1989, DECS Regional Office in Cebu received complaints about teachers
and pupils belonging to the Jehovah’s Witness, and enrolled in various public
and private schools, which refused to sing the Phil. National Anthem, salute
the flag and recite the patriotic pledge.

Division Superintendent of schools, Susana B. Cabahug of the Cebu Division

of DECS and her Assistant issued Division Memorandum No. 108, dated Nov.
17, 1989, directing District Supervisors, High School Principals and Heads of
Private Educational institutions to remove from service, after due process,
teachers and school employees, and to deprive the students and pupils from
the benefit of public education, if they do not participate in daily flag ceremony
and doesn’t obey flag salute rule.
Members of the Jehovah’s Witness sect find such memorandum to be
contrary to their religious belief and choose not to obey. Despite a number of
appropriate persuasions made by the Cebu officials to let them obey the
directives, still they opted to follow their conviction to their belief. As a result,
an order was issued by the district supervisor of Daan Bantayan District of
Cebu, dated July 24, 1990, ordering the ‘dropping from the list’ in the school
register of all Jehovah’s Witness teachers and pupils from Grade 1 to Grade 6
who opted to follow their belief which is against the Flag Salute Law, however,
given a chance to be re-accepted if they change their mind.

Some Jehovah’s Witness members appealed to the Secretary of Education

but the latter did not answer to their letter.
On Oct. 31, 1990, students and their parents filed special civil actions for
Mandamus, Certiorari and prohibition, alleging that the respondents acted
without or in excess of their jurisdiction and with grave abuse of discretion in
ordering their expulsion without prior notice and hearing, hence, in violation of
their right to due process, their right to free public education and their right to
freedom of speech, religion and worship. Petitioners prayed for the voiding of
the order of expulsion or ‘dropping from the rolls’ issued by the District
Supervisor; prohibiting and enjoining respondent from barring them from
classes; and compelling the respondent and all persons acting for him to
admit and order their(Petitioners) re-admission I their respective schools.
Petitioners stressed that while they do not take part in the compulsory flag
ceremony, they do not engage in ‘external acts’ or behavior that would offend
their countrymen who believe in expressing their love of country through
observance of the flag ceremony. They quietly stand at attention during the
flag ceremony to show their respect for the right of those who choose to
participate in the solemn proceedings. Since they do not engage in disruptive
behavior, there is no warrant for their expulsion.

Issue:

Whether or not the expulsion of the members of Jehovah’s Witness from the
schools violates right receive free education.
Held:

The expulsion of the members of Jehovah’s Witness from the schools where they are enrolled will
violate their right as Philippine citizens, under the 1987 Constitution, to receive free education, for it is
the duty of the state to ‘protect and promote the right of all citizens to quality education, and to make
such education accessible to all (Sec. I, Art XIV). Nevertheless, their right not to participate in the Flag
Ceremony does not give them a right to disrupt such patriotic exercises. If they quietly stand at attention
during flag ceremony while their classmates and teachers salute the flag, sing the national anthem and
recite the patriotic pledge, we do not see how such conduct may possibly disturb the peace, or pose ‘a
grave and present danger of a serious evil to public safety, public morals, public health or any legitimate
public interest that the state has a right and duty to prevent.

It is appropriate to recall the Japanese occupation of our country in 1942-1944 when every Filipino,
regardless of religious persuasion, in fear of the invader, saluted the Japanese flag and bowed before
every Japanese soldier, perhaps if petitioners had lived through that dark period of our history, they
would not quibble now about saluting the Phil. Flag.

The petitions for certiorari and prohibition are granted and expulsion orders are hereby annulled and set
aside.
12
SOURCES WHERE STATUTE WERE TAKEN
PRIMARY SOURCES:

OFFICIAL GAZETTE
CITING BILLS, RESOLUTIONS AND
COMMITTEE REPORTS
CITING BATASANG PAMBANSA, 1978-1986
CITING RULES OF COURT
CITING INTERNET SOURCES
SECONDARY SOURCES
BOOKS AND PAMPHLETS
The Rules of Court is cited like any ordinary code by its name, followed by
the rule number and section.
Example: Rules of Court, Rule 14, sec. 1
The Supreme Court, through the proposal of the Committee of Revision
of Rules of Courts, amended the Rules of Court by the 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)
TREATIES
Treaties entered into by the Philippines whether it be bilateral or multilateral are
cited by the name of the treaty and the date when the treaty was signed.

SOURCES WHERE TAKEN

A. PRINTED SOURCE
Philippines Extradition Treaty with the United States, November 27, 1981.
8PTS 978
Page where the treaty
was printed

(8) represents Volume number

of the Philippine Treaty Series
TREATIES
B. ELECTRONIC SOURCES MAY BE STATED AS FOLLOWS
Philippine Extradition Treaty with the United States, November 27, 1981.
Available at
http://www.lawphilnet/international/treaties/extrad.html;
http://internationalextradtionblog.com/2011/06/01/philippines-extradition-treaty-
with-the-united-states last visited January 29,
Executive/ Presidential Issuances
Presidential issuances are cited by the number of its issuance and
followed by the date of issuance. The date is important for each time a
President is elected into office, the number starts with the first number
(No.1)
Executive Orders
Exec. Order No. 200 (1986)
Proclamations
Proc. No. 1081 (1972)
Administrative Orders
Adm. Order No. 200 (2005)
Special presidential issuances under Martial Law as follows:

General Orders
Gen.Order No. 1(1972)
Letters of instructions
L.O.I. No. 2 (1972)
Letters of Implementation
L.O. Impl. No. 1 (1972)
Letters of Authority
L.O.A. No. 1 (1972)
ADMINISTRATIVE RULES AND REGULATIONS
Government offices and agencies
promulgate their own rules and regulations.
They are cited by the abbreviation of the
name of each agency. Followed by the
name of its specific rule and regulation.
Each year, the number of their rules and
regulations starts with the first number
(No.1)
EXAMPLE:
ADMINISTRATIVE ORDER NO.1 PROMULGATED BY THE
DEPARTMENT OF ENERGY ON JANUARY 5, 2006
CITED AS: DOE ADM. ORDER NO.1 (2006)

name of its specific rule and

regulation

abbreviation of the name of each

agency

SUPREME COURT ADMINISTRATIVE ODER NO.1 ADOPTED IN

2005,
CITED AS: SC ADM. ORDER NO.1 (2005)
 Name of Agency Abbreviations Website Address
Department of Agrarian Reform DAR www.dar.gov.ph
Department of agriculture DA www.da.gov.ph
Department of Budget and Management DBM www.dbm.gov.ph
Department of Education DepEd www.deped.gov.ph
Department of Energy DOE www.doe.gov.ph
Department of Environment and Natural Resources DENR www.denr.gov.ph

Department of Finance DOF www.dof.gov.ph

Department of Foreign Affairs DFA www.dfa.gov.ph
Department of Health DOH www.doh..gov.ph
Department of Interior and Local Government DILG www.dilg.gov.ph

Department of Justice DOJ www.doj.gov.ph

Department of Labor and Employment DOLE www.dole.gov.ph
ORDINANCES
ORDINANCES
EXAMPLE:
CITY ORDINANCE NO.1 OF THE CITY OF MANILA APPROVED ON
JUNE 21, 2004
CITED:
MANILA ORDINANCE NO.1, JUNE 21, 2004

3. Date
1. Name of the city,
municipality or the
province
2. Ordinance Number
GENERAL FORMAT
<SURNAME OF PARTY> V. <SURNAME OF OTHER
PARTY>, <VOLUME>, <TITLE AND PAGE OF REPORT>,
(<YEAR OF PROMULGATION>)
Ong v. People , 399 Phil. 686 (2000)
Ong v. people, 399 Phil. 686, 688 (2002)
CASE
REPORT
EXCEPTION TO GENERAL RULE
Islamic and Chinese names Name of Corporation, associations, Business Firms and Partnerships
WRONG: Tan v. Pura WRONG: Serrano v Jollibee
CORRECT: Tan Sial Tek v. Pura CORRECT: Serrano v Jollibee Foods Corp., Inc.

Person is named in his official capacity

Compound Names
WRONG: City of Manila v Subino, in his capacity as Civil Service
WRONG: People v Cruz
Commissioner
CORRECT: People v Dela Cruz
CORRECT: City of Manila v Subido

Complete name of Office Municipalities, Cities, Provinces

CORRECT: Collector of Internal Revenue v. Tan ENg CORRECT: Provincial of Rizal v Santos
CASE
REPORT
EXCEPTION 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
Espiritu v, Rivera, G.R. No. 17092, September 30, 1936 , 62 O.G. 722 (Oct. 19660)
Volume Page
General Record Date promulgated Month and year
of Issue
Estepa v. Diansay , G.R. No. 14733, September 30, 1960

Surname General Record

of Party Date promulgated

Surname
of Other Party
People v Sabarre, Sandiganbayan Crim. Case No. 001, December 12, 1979

Date promulgated

1 Sandiganbayan , Rep. 305 (1979).

Volume Page Year of Issue

People v. Soliven, MTC (Paoay-Currimao, Ilocos Norte) Crim. Case No. 992-C,

Place

November 11, 1983

Date of promulgation
Shari’ah Dist/Circ. Ct. (Place) Case No., date of promulgation
PRIMARY SOURCES Ong v. People, 399 Phil. 686 (2000)
Philippine Reports

Ong v. People, G.R. No. 139006, November

SECONDARY SOURCES 27, 2000, 46 SCRA 111
Supreme Court Reports Annotated (SCRA)

Ong v. People, G.R. No. 139006, November

27, 2000 available at
ELECTRONIC SOURCE http://sc.judiciary.gov.ph/jurisprudence/20
00 (last visted August 30, 2016)
 ADMINISTRATIVE DECISIONS
Cited by name of agency (Abbreviated form), Case number and date of promulgation

Ex. of Civil Service Commission decisions:

Santos v. Dizon, CSC Adm. Case No. 1112, January 8, 2006

SECONDARY SOURCES
1. Commentaries, Treatises and other Secondary Sources

Senator Ambrosio Paddla’s book entitled “The 1987 Constitutions of the Republic of the
Philippines, With comments and case” was published in 1990 in three volumes. On page
779 of volume 3, Sen. Padilla presented a tabular presentation of the 1935, 1973, and
1987 Constitutions. This is cited as:

3 A. Padilla, The 1987 Constitutions of the Republic of the Philippines 779 (1990)
SECONDARY SOURCES
2. Article, Essay of a Speech Found in a Book

All Essay or articles found by the same author

J. Ponce Enrile, The Tax treatment of Real Estate Transactions, in 1964 Aspects of
Philippine Tax Law 81

Essay by various Authors

Laurel, The Crisis of our Constitutional System, in Breed and Freedom

SECONDARY SOURCES
3. Newspaper Articles
<Title of newspaper are printed in regular roman and are cited>, <date of
ussue>, <page>, <column>

Ex.:
Manila Times, Dec. 9, 1966, p. 5, col.

A signed article but not news report is cited by author and title:

Arroyo, 2 months, Behind the Iron curtain, Manila Times, December 12,
1966, p. 1, col. 2
SECONDARY SOURCES
4. Letter Speeches
& Interviews
SECONDARY SOURCES
5. Electronic Source

J. C. arcena, 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 August 30, 2012) and
www.law.upd.edu.ph/pi (last visted August 30, 2012)
SECONDARY SOURCES
6. Newspaper Articles
a. Printed Source
Avendano. Chief Justice Sereno, Released Her SALN: P18
Million. Phil. Daily Inquirer. August 31, 2012, A20

b. Electronic Sources
Avendano. Chief Justice Sereno, Released Her SALN: P18
Million. Phil. Daily Inquirer. August 31, 2012. Available at
http://newsinfo.inquirer.net/261078/chief-justice-sereno-releases-her-
saln-p18-million (last visted Deptember 1, 2012)
SECONDARY SOURCES
6. Periodical Articles
SECONDARY SOURCES
7. Books & Pamphlets
The following repeating citations are cited in an italicized form:

a. “Ibid” – Used for successive citations of the same volume and the
same page or exactly the same document.

b. “Id.” – More popularly used for successive citations. Id is used in

citing the same citation but has a different page etc.

Example:
E. M. Fernando, The Constitution of the Philippines. 999 (2ed.1977)
Id at 1012
Id at 500
The following repeating citations are cited in an italicized form:

c. “Supra” – This is used to identify a citation that has been previously

cited whether it be on the same page or the preceding page.

E. M. Fernando, supra at 505

Ong v. People, supra at 119

d. Supra note is used when the citation previously cited is too far.
E. M. Fernando. The Constitutin of the Philippines. 9999 (2d ed., 1977)

E. M. Fernando, supra note 1 at 600

Agpalo, Roben. Philippine Constitutional Law. Manila: Rex Book Store
(2006) 730p

Bernas, Joaquin. The1987 Philippine Constitution: A Commentary, 2003

ed. Manila. Rex Book Store (2003) 1359p

Santiago, Miriam. Constitutional Law: Texts and Cases. 2nd ed. Q.C.:
Central Book Supply (2000-2002) 2 vols.