o Oliver Wendell Holmes, Jr.

(“The Path of the Law”, 10

Harvard Law Review 457, 1897):
Theory of Law and Legal Theories  Law is “a body of dogma or systemized prediction”
 “The prophecies of what the courts will do in fact, and
Theory of Law nothing more pretentious, are what I mean by the law”
 On “law and “morality”:
As a component of Philosophy of Law, theory of law attempts to o The Bad Man Theory (The law is what the bad man thinks it
answer the following questions: is)
o Oliver Wendell Holmes, Jr.’s “The Bad Man Theory” (also
What is Law? known as “Prediction Theory”):
What is the nature of law?  If you want to know the law and nothing else, you must
What justifies law? look at it as a bad man, who cares only for the material
consequences which such knowledge enables him to predict, not as a
Legal theory good one, who finds his reasons for conduct, whether inside the law
 within the domain of law and jurisprudence; or outside of it, in the vaguer concept of conscience.”
 more on “legal or judicial reasoning” or “legal thinking and
justification”; General Classifications of Law
 may also be called “applied philosophy of law”;  JURAL LAW
 others refer to this as properly called “jurisprudence” (as 1. PARTICULAR SENSE (specific rule of a statute or court
distinguished from “case law”) opinion)
 in most cases, the study of “theory of law” and “legal 2. COLLECTIVE SENSE (branch of law or system)
theories” in interrelated. 3. ABSTRACT SENSE (precepts and ideals)
 “Ours is a government of LAWS and not of men”  NON-JURAL LAW
 Preamble: “…. And to secure to ourselves the blessings of 1. Divine Law
democracy under the rule of LAW and a regime of truth, justice, 2. Natural Law
freedom…” 3. Moral Law
 “Common LAW” vs. “Civil LAW” 4. Physical Law
 “International LAW as part of the LAW of the land”
 “Family LAW, Criminal LAW, Commercial LAW” Major Legal Theories:
 “Foreign LAW vs. Domestic LAW”  Natural Law Theory
 “LAW of the case”  Legal Positivism
 …. “unless otherwise provided for by LAW”  Legal Realism
 “Ignorance of the LAW excuses no one from compliance  Legal Formalism
therewith”  Constructivism
 Critical Legal Studies (CLS)
o Felipe Sancez Roman (1850-1916):
 Law in “general sense”: “the science of moral rules, Natural Law Theory
founded on the rational nature of man, which govern his free  Traditional Natural Law Theory – suggests that the validity
activity, for the realization of the individual and social ends, of a of laws (that are man-made) is tested on the basis of some “higher
nature both demandable and reciprocal.” law”, such as reason, morality, or divine law. (Cicero, Plato, Aquinas,
 Law in its “specific sense”: “a rule of conduct, just, etc.)
obligatory, promulgated by the competent authority for the common  Modern Natural Law Theory – assails the validity of legal
good of a people or nation, which constitutes an obligatory rule of positivists propositions. Because this theory is more refutations to
conduct for all its members.” legal positivists, rather than its relation to the thinking of Aquinas,
o St. Thomas Aquinas (1225-1274): (Summa Theologica) etc., this is sometimes called modern natural law theory.
 “Law is an ordinance of reason ordered towards the Traditional Natural Theory
common good, promulgated by him who has charge of the  Cicero (106 BC-43 BC) (Republic):
community” o “TRUE LAW IS RIGHT REASON IN AGREEMENT WITH
 law is a “rational standard for conduct” NATURE; IT IS OF UNIVERSAL APPLICATION, UNCHANGING AND
o Hans Kelsen (Pure Theory of Law, 1934; General Theory of EVERLASTING; … … … IT IS A SIN TO TRY TO ALTER THIS LAW NOR IS
Law and State, 1945): IT ALLOWABLE TO ATTEMPT TO REPEAL ANY PART OF IT, AND IT IS
 ‘Law is an order of human behavior. IMPOSSIBLE TO ABOLISH IT ENTIRELY”
 An “order” is a system of rules. Law is not, as it is o Cicero, therefore, believes that some norms are INHERENT
sometimes said, a rule. It is a set of rules having the kind of unity we and UNIVERSAL
understand by a system.’  St. Thomas Aquinas (1225-1274):
 Law, along with morals and religion, is a “social o Positive laws that are just “HAVE THE POWER OF BINDING
phenomenon” that has its own criteria IN CONSCIENCE”
o A “just law” is one that is consistent with natural law, that
is, it is “ORDERED TO THE COMMON GOOD”.
o “EVERY HUMAN LAW HAS JUST SO MUCH OF THE NATURE
OF LAW, AS IT IS DERIVED FROM THE NATURE OF LAW. BUT IF IN ANY
POINT IT DEFLECTS FROM THE LAW OF NATURE, IT IS NO LONGER A
LAW BUT A PERVERSION OF LAW”
Modern Natural Law Theory
 Lon Fuller (The Morality of Law, 1964):
o Law is “THE ENTERPRISE OF SUBJECTING HUMAN
CONDUCT TO THE GOVERNANCE OF RULES”.
o Law is seen as “guiding principle”, a tool, a means to an
end
o To be called “law”, it must comply with certain criteria
(“INTERNAL MORALITY”): laws must be general, promulgated
(announced), should not be retroactive, understandable, not
contradictory, should require reasonable conduct, constant through
time, administered as announced.
 Ronald Dworkin: (Law’s Empire (1986); Taking Rights
Seriously (1978) (“Political and Moral Right Theory”)
o Laws include not just the norms found in treaties, customs,
constitution, statutes, and cases, but also moral principles that
provide the best justification for the norms found there
o He observes that the things justified by moral principles are
socially constructed but the justifications (arguments) themselves are
not
o He offers “interpretative approach” to law such that for
him “legal claims are interpretative judgments and therefore
combine backward-and-forward-looking elements.”
Legal Positivism
 Presupposes two principles:
1. Law is a “social fact or convention”;
2. There is no necessary connection between law and
morality (separation of law and morality (Separability Thesis)).
 T. Hobbes, J. Bentham and J. Austin:
 Laws are constructed from commands, threats, and
obedience
 Laws are handed down by a “sovereign” backed by threats
of force
 The “sovereign” is a person or group who enjoys the
habitual obedience of most others but does not habitually obey
anyone else (Leslie Green)
 John Austin (“Father of Legal Positivism”) (1790-1859):
 “The existence of law is one thing; its merit or demerit is
another. Whether it be or not be is on enquiry; whether it be or be
not conformable to an assumed standard, is a different enquiry. A
law, which actually exists is a law, though we happen to dislike it, or
though it vary from the text, by which we regulate our approbation
and disapprobation”
 H. L. A. Hart (The Concept of Law, 1961, 1994, 2012):
 Hart believes that anything in the law is there because
some person or group put it there intentionally or accidentally; it all
has history and it can be changed; is either known or knowable;
some of our laws have good justifications and some do not, and
justifications do not anyway suffice to make law. To do that, we need
human intervention: orders need to be given, rules be applied,
decisions to be taken, customs to emerge or justifications to be
endorsed or asserted. Laws, to Hart, are “posited” (fixed).
 Contrary to the view of Hobbes, Bentham and Austin,
H.L.A. Hart speaks of laws as consisting of rules, including practices
and customs. He believes that there are laws that are not coercively
enforced (sanction-free laws).
 H.L.A. Hart believes that all legal systems have “Primary
Rules” and “Secondary Rules”
 Hans Kelsen (Pure Theory of Law, 1967)
 Kelsen is a Positivist Theorist, but claims that while laws
were “posited”, there were “presuppositions” to laws that made
them valid (by “validity”, Kelsen refers to acceptability” of laws by
the governed)
 Kelsen believes in the idea that there is a hierarchy of
norms beginning from the “Basic Norm” where all other norms are
related to each other
Positivist:
Law and Morality are separate
H.L.A. Hart (The Concept of Law, 1961, 1994, 2012):
“There is no necessary connection between law and morals”
“It is in no sense a necessary truth that laws reproduce or satisfy
certain demands of morality”
 Leslie Green on H.L.A. Hart’s The Concept of Law:
o “The fact that a policy would be just, wise, efficient, or
prudent is never sufficient reason for thinking that it is actually the
law, and the fact that it is unjust, unwise, inefficient or imprudent is
never sufficient reason for doubting it. According to positivism, law is
a matter what has been posited (ordered, decided, practiced,
tolerated, etc.).”
 Emmanuel Kant: (Metaphysical First Principles of the
Doctrine of Right)
o “However well disposed and law abiding men might be…
individual men, people and states can never be secured against
violence from one another, since each has its own right to do what
seems right and good to it, and not to be dependent upon another’s
opinion about this. So, unless it wants to renounce any concepts of
Right, the first thing it has to resolve upon is the principle that it must
leave the state of nature, in which each follows its own judgment,
unite itself with all others (with which it cannot avoid interacting),
subject itself to a public lawful external coercion, and so enter into a
condition in which what is to be recognized as belonging to it is
determined by law.”
Legal Realism (Skepticism)
 American Theory of Law (led by O.W. Holmes, Jr.)
 Legal Realists take a “realistic” look at how judges decided
cases, at “what the courts … do in fact” (O.W. Holmes, Jr.)
 Lawyers recognize that judges are influenced by more than
legal rules; they decide cases according to “how the facts of the cases
strike them”; that judges openly consider the policy implications of
legal rules and decisions (Brian Leiter)
 Law and is in some point “rationally indeterminate”;
 Distinctly American: “The Constitution is what the Supreme
Court says it is.” – President Eisenhower
 Legal Realists often criticize “Formalism” (of Christopher
Langdell) in law.
 American Legal Realists argue that, unlike classical legal
theorists, legal reasoning is not independent from moral and political
considerations.
 Holmes believes that lawyers and judges are not logicians
and mathematicians. “The life of the law has not been logic: it has
been experience.” Necessities of the time, the prevalent moral and
political theories, intuitions of public policy, and even the prejudices
which judges share with their fellow-men, better determine the rules
by which men should be governed
 Legal Realists are often criticized for favoring “Judicial
Activism” (as opposed to “Judicial Restraint”), where judges base
their decisions on their personal and political considerations rather
than the law
 Legal rules and reasons figure simply as post hoc
rationalizations for decisions reached on the basis of non-legal
considerations. (Brian Leiter)
Legal Formalism
 A positivist theory of law, it focuses on the role of judges,
that they must be constrained in interpreting and applying the law. It
is a theory of legal justification.
 For a formalist, a law is already the product of normative
and policy consideration in the formation of the law. Hence, a judge
should not say what the law should be but should confine itself to
what the law is
 Justice Antonin Scalia (A Matter of Interpretation, 1997):
o “Of all the criticisms leveled against textualism, the most
mindless is that it is formalist. The answer to that is, of course it’s
formalistic! The rule of law is about form … A murderer has been
caught with blood on his hands, bending over the body of his victim;
a neighbor with a video camera has filmed the crime and the
murderer has confessed in writing and on videotape. We nonetheless
insist that before the state can punish this miscreant, it must conduct
a full-dress criminal trial that results in a verdict of guilty. Is that not
formalism? Long live formalism! It is what makes us a government of
laws and not of men.
Constructivism
 Advanced by Ronald Dworkin, this legal theory argues that
judges decide, not because it is what the law mandate, but because it
is what is required by some standards of “morality” or “justice” that
made up or formed the norm or law, the same standards that
provide for justification of the norm.
 See “Riggs vs. Palmer” (US CA Case 1889)
 Ronal Dworkin’s Theory is also called “Interpretivism”
Critical Legal Studies (CLS)
 CLS advocates believe in the “inadequacy of law” or
“emptiness of the law”; that statutes and case law cannot definitely
determine the outcome of the case (“legal indeterminacy”;
 Seeing “rights” as correlative (every entitlement of right is
limited by the competing rights of others), CLS argued that the liberal
ideals of freedom cannot actually be realized in a legal regime and
that the efforts to realize them will only result in doctrine that will
remain debatable
 The grant of “property right” (in Instrumentalism), simply
confers power over others = coercion of consent
 CLS also believes that “law is politics” (Marxist Theory)
What justifies law?
Why obey the law?
 Is it because of the “content” of the command?
 Is it because of the nature of the “source” of the
command?
 Is it because of the “process” of making or issuing the
commands?
Why the theories on political authority?
 Because anarchists ask
 Anarchists believe that each person has a duty to act on
the basis of his own moral assessment of right and wrong and has
the duty to reflect on what is right and wrong in each particular
instance of action. --- duty to act “autonomously” is incompatible
with duty of obeying political authority. (Wolff)
 Anarchists also believe that “each person has a right not to
be bound by the state’s commands. (Simmons; Green)
 The philosophical anarchist then argues that only if a
person consents to being bound to the political authority can the
person actually be bound. And because it is impossible to obtain
every consent, no state is legitimate and perhaps no state can ever
be legitimate. (does not have the right to rule)
 But, it does not suggest that one must never obey the state
The Consent Theory
 A political authority is legitimate only if it has the consent
of those who are subject to its commands. (Necessary condition to
legitimacy but not necessarily the sufficient condition)
o “Social Contract Theorists”
 Hobbes --- absolute authority
 Locke --- limited authority
 Rousseau --- authority is the general will, popular
sovereignty is inalienable, cannot be transferred
o The problem in Consent Theory
 How to determine whether there is really consent (tacit vs.
express) (is silence consent>)
 When is consent given and how?
 How does the giving of consent “legitimize” political theory
 Locke said “consent” is given in the hypothetical state of
nature
Instrumentalist Theory
 “authoritative directives should be based on reason which
already independently apply to the subjects of the directives and
apply to the subjects of the directives and are relevant to their action
in the circumstances covered by the directive” (Raz, 1986.)
 According to Raz, what should guide government decisions
about what commands to give subjects is what the subjects already
have reason to do
 A law that takes the place of reason becomes legitimate
and binding.
Reasonable Consensus Theory
 The basic principles that regulate the coercive institutions
should be ones that the reasonable members can agree to (Rawls,
1996)
 The liberal state must commit itself to the “ideal of public
reason”
  John Rawls argues that the liberal principle of political
legitimacy requires that coercive institutions be so structured that
they accord with the reasonable views of the members of the
society. As long as they do so they have the right to impose duties on
their members
 (See: Rawl’s “Political Liberalism”)
 Citizens do not have to agree on everything but only on
those principles that apply to the basic structure of society
Associative Obligations Theory
 A political society can have legitimate authority even if it is
not a voluntary association and even if there is disagreement on
many political principles. (Dworkin)
 Models: family, friendship
 Dworkin argues that legitimate political authority arises as
a consequence of the acquisition on the part of members of a
political society of obligations to obey the rules of a genuine
associative community
 Ronald Dworkin, in his Law’s Empire (1986), argued that
the obligation to obey the law is an “associative” obligation
 Associative obligations, for Dworkin, refer to “special
responsibilities (that) social practice attaches to membership in some
biological or social group, like the responsibilities of family or friends
or neighbors.”
Democratic Theories
 When there are disagreements among persons about how
to structure their shared world together and it is important to
structure that world together, the way to choose the shared aspects
of society is by means of a decision making process that is fair to the
interests and opinions of each of the members
 When an outcome is democratically chosen and some
people disagree with the outcome, as some inevitably will, they still
have a duty to go along with the decision because otherwise they
would be treating the others unfairly
 “majority rules”
o HABERMAS’ THEORY
 THE ONLY LAW THAT COUNTS AS LEGITIMATE IS ONE THAT
COULD BE RATIONALLY ACCEPTED BY ALL CITIZENS IN A DISCURSIVE
PROCESS OF OPINION-AND WILL-FORMATION. (“procedural
conditions for rational will-formation”)
 In analyzing legitimacy of the law, Habermas first talked
about a “system of rights” that mediates two related tensions:
between private and public autonomy, and between basic rights and
popular sovereignty. But these rights must be justified and made
legitimate through a “legislative procedure” that is based on the
“principle of popular sovereignty.”
Some Theories about legitimacy of political authority
 Consent theories
 Reasonable consensus theories
 Associative obligation theories
 Instrumentalist theories
 Divine Right of Kings theories
 Democratic theories
Classification of Law
I. NATURAL LAW
 This derives its forces and authority from God. It is superior
to other laws. It is binding to the whole world and in al countries
II. HUMAN POSITIVE LAW
 This law is promulgated expressly or indirectly by
competent human authority for the common good, and usually, but
not necessarily, imposing sanction in case of disobedience
Kinds of Natural Law
 Physical Law – universal rule of action that governs the
conduct and movement of things which are non-free and material
 Moral Law – set of rules which establishes what is right and
what is wrong as dictated by the human conscience
 Divine Law –
a. Divine Positive Law, i.e. Ten Commandments
b. Divine Human Positive Law, i.e. Commandments of the
Church
Kinds of Human Positive Law
 According to force and effect:
1. Mandatory and/or Prohibitory Laws – those which have to
be compiled with, because they are expressive of public policy:
disobedience is punished either by direct penalties or by considering
an act or contract void
2. Permissive or suppletory Laws – those which may be
deviated from, if the individual so desires
 According to the scope or content of the law:
1. Public Law – that which governs the relations of the
members of a community with one another. (This includes Political
Law, Criminal Law, Law on Taxation).
2. Private Law – that which regulates the relations of the
members of a community with one another. (This consists of Civil
Law, Labor Law and Commercial Law)
 According to whether a right is given, or merely the
procedure for enforcement is laid down:
1. Substantive Law – that which establishes rights and duties
2. Remedial that which prescribes the manner of enforcing
legal rights and claims
POLITICAL LAW
 That branch of public law which deals with the organization
and operations of the governmental organs of the state and defines
the relations of the states with the inhabitants of the territory.
It consists, among others, of:
 Constitutional Laws I and II
 Administrative Law, Law on Public Officers & Elections Laws
 Public International Law
CRIMINAL LAW
 That branch of law which defines offenses and specify the
corresponding penalties therefore.
It consists, among others of:
 Criminal Law I
 Criminal Law II
TAXATION
 That branch of law which deals with the imposition and II. HUMAN POSITIVE LAW – This law is promulgated expressly
collection of taxes or indirectly by competent human authority for the common good,
and usually, but not necessarily, imposing sanctions in case of
It consists, among others of: disobedience
 Taxation I
 Taxation II I. KINDS OF NATURAL LAW
 Physical Law – Universal rule of action that governs the
CIVIL LAW conduct and movement of things which are non-free and material
 That branch of law which every particular nation or state  Moral Law – Set of rules which establishes what is right and
has established peculiarly for itself. This law concerns with civil or what is wrong as dictated by the human conscience
private rights and remedies, as contracted to criminal law  Divine Law
i. Divine Positive Law, i.e. Ten Commandments
It consists, among others of: ii. Divine Human Positive Law, i.e. Commandments of the
 Persons and Family Relations Church
 Property II. KINDS OF HUMAN POSITIVE LAW
 Obligations and Contracts  According to force and effect:
 Succession 1. Mandatory and/or Prohibitory Laws – those which have to
 Sales be complied with, because they are expressive of public policy:
 Credit Transactions disobedience is punished either by direct penalties or by considering
 Agency, Trust and Partnership an act or contract void
 Torts and Damages 2. Permissive or suppletory Laws – those which may be
 Transportation Law deviated from, if the individual so desires
 According to the scope or content of the law:
LABOR LAWS 1. Public Law – that which governs the relations of the
 That branch of law which deals with the relationship individual with the State or ruler or community as a whole. (This
between the employer and the employee, as well as the working includes Political Law, Criminal Law, and Law on Taxation)
conditions, wages, fringe benefits, grievances and association of 2. Private Law – that which regulates the relations of the
employees members of a community with one another. (This consists of Civil
Law, Labor Law, and Commercial Law)
It consists, among others, of:  According to whether a right is given, or merely the
 Labor Law I procedure for enforcement is laid down:
 Labor Law II 1. Substantive Law – that which establishes rights and duties
2. Remedial (or procedural or adjective law) – that which
COMMERCIAL LAW prescribes the manner of enforcing legal rights and claims
 Body of law that applies to the rights, relations and
conduct or persons and businesses engaged in commerce, GOVERNMENT STRUCTURE
merchandising and trade  Executive Branch – the President is vested with the
It consists, among others, of: executive power (Constitution, Art. VII, Sec. 1). The other members
 Corporation Law of the Executive Branch are the Vice-President and the Heads of
 Negotiable Instruments Law Executive Departments or Cabinet members
 Legislative Department – Legislative power is vested in the
REMEDIAL LAW Congress of the Philippines, consisting of the Senate and the House
 It refers to the means and methods of setting the courts in of Representatives (Constitution, Art. VI, Sec. 1).
motion, making facts known to them and effectuating their  Judicial power rests with the Supreme Court and lower
judgments courts as may be established by the law
 Under the constitution, the Supreme Court is composed of
It consists, among others, of: a Chief Justice and fourteen Associate Justices who shall serve until
 Civil Procedure the age of seventy (70).
 Criminal Procedure  Judicial and Bar Council (Constitution, Art. VIII, Sec. 8)
 Evidence  Philippine Judicial Academy (A.O. no. 35-96)
 Special Proceedings
Courts of Appeals
KINDS OF LAWS  Established by C.A. No. 3 (Dec. 31, 1935)
CLASSIFICATION OF LAW  Composed of 11 justices with J. Pedro Concepcion as first
I. NATURAL LAW – This derives its forces and authority from PJ
God. It is superior to other laws. It is binding upon the whole world  Increased to 15 in 1938 and 17 in 1942 (E.O. No. 4)
and in all countries
 CA was regionalized in 1944 when 5 District CA were Caveat – caution
organized for Northern, central and Southern Luzon, for Manila, and Certiorari – a writ issued by a superior court to an inferior court (“to
for Visayas and Mindanao. be informed of”)
 This was abolished by President Osmena in 1945 due to Chattel – personal property
prevailing abnormal conditions Citation – a reference to an authority
 CA was re-established in 1946 (R.A. No. 52 with a PJ and 15 Citators – a set of books that provide subsequent judicial history and
Assoc. Justices interpretation of reported decisions
 Composition increased by the following enactments: 18 Code – a compilation of statutes organized by topic
(RA 1605); 24 (RA 5204); 50 (BP 129); 69 (RA 8246) Concurring opinion – a separate opinion written by a justice who
 Composition increased by the following enactments: 18 agree with the majority decision but disagree with the reasons for
(RA 1605); 24 (RA 5204); 50 (BP 129); 69 (RA 8246) arriving at a decision
 RA 8246 – CA was again regionalized with the Convey – to transfer
establishment of CA in Cebu and CDO Corpus Juris Secundum – a name of a major encyclopedia published
 BP 129 changed the name of CA to IAC and EO 33 brought by West Publishing Company
back its name to CA Counterclaim – an opposing claim filed by the defendant against the
plaintiff
Regional Trial Courts Court Rules – procedural rules promulgated to govern both civil and
 Divided into 13 Judicial Regions criminal practice before the court
 Some branches are designated by SC as special courts to De Facto – in fact
handle agrarian cases and urban land reform cases De Jure – in law
 A.O. 104-96: courts were designated to handle criminal De Novo – from the beginning
cases of kidnapping, robbery, carnapping, IP violations and libel cases Decendent – one who has died
and special commercial courts Dictum – judge’s opinion that is not addressed to the issue before
 RA 9165, some brances were designated as Drugs Court the court
 RA 8369, some branches were designated as family courts Duces Tecum – bring with you
Ergo – therefore
Municipal Trial Courts Et al. – and others
 Established in city and municipality A.M. No. 08-8-7-SC Ex officio – by virtue of official position
(Small Claims Cases) Ex parte – pertaining to only one side
Ex post facto – done after the fact
Legal Glossary In pari causa – in a similar case
Ab Initio – from the beginning In pari delicto - equally at fault
Acquit - to set free a person who has been charged with a crim In perpetuam – forever
Act – an alternative name for statutory law In personam – against the person
Ad Litem – while the action is pending In re – in regard to
Adjudicate – to settle by law In rem – against the thing
Affidavit – a sworn or affirmed written statement or declaration Inter alia – among other things
Aggrieved – injured Inter vivos – between living persons
A.K.A. or a.k.a. – also known as Interlocutory – provisional
Alter Ego – another self Intestate – condition of having died without a will
American Jurisprudence, 2d – the name for a major legal Ipso facto – from the fact itself
encyclopedia published by Lawyers’ Co-operative Publishing Jurisprudence – philosophy of the law
Company Lien – right of a creditor against a specific property
Amicus Curiae – friend of the court Lis pendens notice of pendency of suit
Ancillary – subordinate or auxiliary Mandamus – we command; a command from a competent
Annotated – explained or commented upon by use of remarks or jurisdiction
notes Non Sequitur – it does not follow
Annul – to make void Nunc pro Tunc – Now for then’ to take effect on a former date (i.e.,
Ante Litem – before the suit order pro tunc is an order clarifying a previous order on clerical
Appellant – a person who takes an appeal from one court to another matters)
Blue Book – the popular name for A Uniform System of Citation Parol evidence – verbal evidence
which is distributed by the Harvard Law Review Pendente lite – while litigation is pending
Bona Fide – in good faith Per Curiam – an opinion by the entire court (“by the court”)
Breach – to violate a law, right or duty Per se – by itself
Brief – a written statement required by the Rules of Court Prima facie – on the face of it; at first view
Case in Point – a judicial opinion that deals with a factual situation Pro rata – in proportion
similar to the one being researched Pro tanto – to that extent
Case Law – the law of reported appellate judicial opinions Pro tempore – for the time being
Quash – annul 4. Information may be in any of the following types of legal
Quan pro Quo – mutual consideration materials:
Quiet title – an action to bring a dispute to court and cause a party to  Textbooks, Digests, Journals, Dictionaries, Encyclopedias,
establish his claim on land Newspaper Digests, Legal Forms, Citators, Law Reports, Audio/Video
Ratio decidendi – the basis for the decision of case Cassette, Text of Law, Briefs and Memoranda
Re – in regard to
Replevin – a person action brought to recover possession of A. BY AUTHORITY
unlawfully taken goods Books may be of primary authority or secondary authority depending
Res – subject matter of suit on their content. The law itself is the subject.
Res gestae – matter incidental to main fact o Primary authority – is mandatory or imperative; primary
Res ipa loquitur – think speaks for itself authority is found in direct legislation and judicial decisions
Res judicata – once a matter is finally decided by court, it may not be o Examples:
re-litigated  Books of primary authority are official authentic
Sans – without repositories of legislation and courts’ decisions
Sic – in this manner  Administrative rules and regulations adopted pursuant to
Sine die – without fixing a ay (indefinitely) law, have the force and effect of law, and for hat reason, constitute
Situs – location or place (i.e., situs criminis – scene of crime) authority of a primary nature
Status quo – the existing state o Effect? Binding upon courts
Statute of limitations – statute setting time limit within which an o Primary authority may be sub-divided:
action must be brought  Mandatory primary authority – law created by the
Subpoena – a writ that compels a witness to appear and give jurisdiction in which the law operates
testimony  Persuasive mandatory authority – law created by other
Subpoena duces tecum – a write to produce certain papers jurisdictions but which have persuasive value to our courts (esp.
Sui generis – in its own class (i.e. disbarment proceedings are sui when there are no Philippine authorities available)
generis) o Secondary Authority – is at best, persuasive. Secondary
Testate – having left a wil authority is not really authority at all
Tort – a legal wrong o Examples:
To wit – namely  Indexes to authority, like case digests and encyclopedias
Venue – the place where a case is to be tried and the means like citators, for appraising the value of authority
Verbatim – word for word  Commentaries of legal experts and test and treatise writers
Viva voce – by voice o The opinion of the Secretary of Justice, is secondary
Waive – to relinquish a right authority. It is generally binding upon the executive department and
Westlaw – computer-assisted legal research service developed by the is persuasive upon the courts
West Publishing Company o Opinions of SEC, BSP are also secondary
o Books of secondary authority are those where the primary
SOURCES OF LAW authority is commented on, criticized, or explained. They include
For students of law, the main task is to look for authority. How? books of search, books of index, textbooks, treatises and legal
Research periodical articles
 As a legal researcher, you will be able to locate sources of Where found?
law that can be incorporated into written legal materials that may be  Secondary authority may be found in books, treatises,
submitted to the court, client or third party encyclopedias, dictionaries, and law review articles. This list is not
 Research as means to: exhaustive. These publication are all written by individuals in their
a. Locate these sources private capacity
b. Read and understand them  With regards to commentaries or books, reputation or
c. Evaluate them so that you will be able to make the best expertise of author is a consideration. (CJ Ramon Aquino on RPC;
selection possible from among them Sen. Arturo Tolentino on Civil law; Fr. Joaquin Bernas on
Constitutional law; Prof. Perfecto Fernandez on Labor law; Vicente
WHERE-WHO-WHEN-WHAT approach Francisco and CJ Manuel Moran on Remedial law)
1. Where to go? Effect and use?
 Personal books, office/institutional library, government  Secondary authority does not have to be followed. A court
office involved is free to accept or reject any secondary authority.
2. To whom one may turn to?  Secondary authority is often used to help a researcher gain
 Librarian, Colleague, Professor, Consultant, Lecturer, access to primary authority, as the secondary law frequently
Superior, Assistant, Gov’t Employee addresses issues that were raised by primary law and refers to and
3. Information may come through participation in – cites this law. Secondary authority may also be accepted where is
 Seminars, Symposia, Convocations, Conventions, Round little primary law on the subject
Table Dialogues, Gov’t Employee  Secondary sources can be invaluable aids to the researcher
 Secondary sources can provide a springboard for beginning
a research project. At this stage the researcher may consult
secondary sources:
1. To obtain background information and an overview of an
unfamiliar subject area;
2. To obtain citations to primary authorities to launch the
research;
3. To suggest further issues or analytic approaches to the
problem
B. BY SOURCE
Law books are now generally classified likewise into primary source
materials and secondary source materials
 Primary Source is the official publications of the
government or any of its agencies
 Different from classification as to authority (content) as it
deals here on “who” or “what” is the source of the legal material, not
content
 Examples are the Official Gazette, Philippine Reports,
looseleaf copies of court’s decisions, Journal of the Batasang
Pambansa, Proceeding of the Constitutional Convention, as officially
printed
What makes a source primary?
Primary Source – official
 Those published by the issuing agency itself or official
respository
 We have three main branches in our government: the
executive, judicial, and legislative. All three create law.
 The Executive Branch, in charge of administrative agencies,
is responsible for rules and regulations
 The Legislative Branch of our government is concerned
with creating new laws. Known variously as statutes, acts, codes,
ordinances, or simply, laws, these documents dictate how people
must behave in a variety of situations. We have statutes to tell us the
penalties for criminal conduct and statutes to tell us how to probate
a will. RAs are in OG published by National Printing Office
 At the local level, city or town councils may enact charters
or ordinances to govern their citizens
 Second Source is the unofficial publications of private
publishers or institutions. They are not the official sources of the law,
nor are they authorized to be official publishers
 Generally referred as those commercially published or
those not published by government agencies or instrumentalities
 Are secondary sources essential? Yes, to speed up the
process of locating, and enhancing the understanding of, the primary
source materials which are the objective of research effort
 The Judicial Branch creates case law precedent. These
decisions resolve real disputes between parties. The resolution is
often written, and the written result then forms a new precedent
that can be used whenever a similar situation arises
 SC decisions are in Philippine Reports, Advance SC
decisions and OG also (selective)
Secondary Source examples:
Case law: the Supreme Court Reports Annoted (Central Law
Book Supply, publisher); Philippine Law and Jurisprudence (Current
Events Digest, Inc., publisher);
Statute: Philippine Annotated Laws (Lawyer’s Cooperative,
publisher
 With advent of information technology, electronic or
digitalized sources are popular sources because:
1. Updated information is readily available
2. Search engines facilitate research;
3. No complete and update manually published search tools
for statute and case law
 In case of conflict between the printed and electronic
sources, the printed version coming from issuing government agency
prevails
Rules to apply?
 Locate mandatory primary authorities
 If nonexistent, alternative is find relevant persuasive
mandatory authority
 In the absence of primary authorities, secondary source
may be cited. So SCRA is popular because there is no updated
primary source. Publication of Phil Reports ceased in 1960s and was
only revived in 1982. (See SC Admin. Circular 14-99)
How to classify sources published in newspapers?
 Newspaper publication of laws is primary
o Reason: EO 200, s. 1987 – “laws shall take effect after
fifteen days following the completion of their publication either in
the Official Gazette or in a newspaper of general circulation in the
Philippines, unless it is otherwise provided.” In case of conflict, OG
prevails
o Repealed Art 2 of the Civil Code
 Arroyo v. DOJ, G.R. No 199082, Sept. 8 2012
 Honasan II v. The Panel of Investigating Prosecutors of the
Department of Justice, G.R. No. 159747, April 13, 2004, 427 SCRA 46:
o SC held that OMB-DOJ Joint Circular No. 95-001 is only an
internal arrangement between the DOJ and the Office of
Ombudsman outlining the authority and responsibilities among
prosecutors of both offices in the conduct of preliminary
investigation
OFFICIAL GAZETTE online
 Should the 15-day period be counted from the time the
laws or issuances are posted online?
 Garcillano v. House of Representatives, G.R. No. 170338,
December 23, 2008 could preclude such a claim. In Garcillano, the
Court debunked the claim that the publication in its website by the
Senate of its rules of procedure for inquiries in aid of legislation
satisfied the requirement under Section 21, Article VI of the
Constitution that it conduct such inquiries “in accordance with its
duly published rules of procedure”. The Court then even refuted the
argument that the E-Commerce Act of 2000 validated such online
publication
 The invocation by the respondents of the provisions of R.A.
No. 8792, otherwise known as the Electronic Commerce Act of 2000,
to support their claim of valid publication through the internet is all
the more incorrect. R.A. 8792 considers an electronic data message
or an electronic document only for evidentiary purposes. In other
words, the law merely recognizes the admissibility in evidence (for
their being the original) of electric data messages and/or electronic
documents. It does not make the internet a medium for publishing
laws, rules, and regulations
 Garcillano was decided on 8-6 vote, will this doctrine be
reversed?
 www.gov.ph:
o “Please note hat the posting of laws and issuances in this
website is for information dissemination. The effectivity of laws,
regulations, and issuances state 15 days, unless otherwise provided
in the document, after their publication in the Official Gazette print
version or in two newspapers of general circulation as mandated by
the Administrative Code of 1987 and Executive Order No. 200, s.
1987”
o “Should there be discrepancies between a text entry and
the corresponding scanned copy of laws, departmental and executive
issuances, treaties, and executive agreements uploaded on this
website, please note that the controlling version is attached scanned
copy found below the entry.”
 What about newspaper reports on events, happenings or
occurrences? Are they primary sources?
o Reports (not primary as they are hearsay, Revised Rules on
Evidence require personal knowledge)
o Publications in compliance with law or rules (primary):
Examples (publication of Compliant; publication of notice of
settlement of estate) (see samples of publication)
C. BY CHARACTER
Classification of law books may be: (1) statute books; (2) case books
or law reports, such as court reports and decisions; or (3) search
books or law finders or finding tools, which include encyclopedias,
digests, citators, legal forms and books of index
 Examples: Moreno’s Philippine Law Dictionary; Sibal’s
Philippine Legal Thesaurus; Foreign law dictionaries like Black’s Law
Dictionary, Words and Phrases; online virtual libraries: E-Library,
Chan Robles)
On law finder/finding tools:
o In the Phil., no up-to-date law finders
o Finding tools do not persuade;
o Finding tools are not primary or persuasive authorities;
o Finding tools are only means for locating sources
o Examples: (1) SCRA Quick Index-Digest
(2) PHILJURIS
(3) LEX LIBRIS
Citator – a citation index of legal resources. Given a reference of a
legal decision, a citatory allows the researcher to find newer
documents which cite the original document and thus to reconstruct
the judicial history of cases and statutes
o Examples: (1) Dizon’s Philippine Citations (1937)
(2) Paras, Philippine Citations,
(3) Shepard’s Citations to various US federal and state reports
Why use a citator?
o To find a parallel citation
o To find direct history (such as subsequent reversal on
appeal)
 Cases include prior and subsequent history
 Statutes include reversal, amendment, or pending
legislation
o To find primary and secondary sources on a particular
narrow topic
 To find negative treatment (such as your case has been
overruled or statute having been amended)
 To find positive treatment (such as another case agreeing
with the analysis in yours)
Introduction
 Because of civil law orientation, most important source of
Philippine law is statutory law
 Statutory law is positive law, express, written and
promulgated by the legislative body
 It embraces PDs (Marcos) and Eos (Cory) as they possessed
legislative power
 Common law v. statutory law
 If statutory law is clear, common law may not apply
 If statutory law is unclear, common law may apply
Points to consider
o Statute sections are rarely meant to be understood in
isolation from one another. Major pieces of legislation are often
divided into sections when they are drafted, passed, and integrated
into a statutory code. Thus, in order to fully understand a statute
section’s application, it must be read in conjunction with the rest of
the statute as passed
o Code terms often carry meanings that are specific to the
piece of legislation. Never assume that a term used in a statute
section has its obvious or colloquial meaning. The term may be
defined within the section in which it appears, or in a separate
“definitions” section enacted along with it. Always read through the
entire section, and examine the chapter or part of the code in which
it appears, in order to determine whether a term has a special
meaning for the purpose of statute
 Enactment
o Bicameral body: Senate and House of Representatives
o Any member can introduce a bill (to undergo 3 readings)
 Termination
o Laws are repealed expressly or impliedly by another
statute. Implied repeals however are not favored
o Laws may also collapse into insignificance if they are
temporary acts or the subject matter has become obsolete or reason
for legislation ceases to exist
READ COMMENDADORY, ET. AL. V. DE VILLA, ET AL. G.R. NO. 93177,
AUGUST 2, 1991
 Termination
o Laws may be declared unconstitutional by courts. In SC,
majority vote will suffice but the Court has to sit en banc. Vote has to
be concurrence of majority of justices who actually took part in
deliberations on issues and voted thereon
o Laws are presumed valid and constitutional until they are
expressly nullified
 Effectivity
o NCC, Art 2: laws take effect within 15 days from their date
of publication in the Official Gazette unless the laws themselves
provide otherwise
o EO 200, amending Art. 2 – allowed publication in a
newspaper of general circulation
READ TANADA V. TUVERA, 230 PHIL. 528 (1986)
o Filing with the office of the National Administrative
Register of the University of the Philippines Law Center is required in
Administrative Code of 1987
Executive Order No. 292, Book VII, Chapter 2, Sec. 3
Sec. 3. Filing. – (1) Every agency shall file with the University of the
Philippines Law Center three (3) certified copies of every rule
adopted by it. Rules in force on the date of effectively of this Code
which are not filed within three (3) months from that date shall not
thereafter be the basis of any sanction against any party or persons
Sec. 4. Effectivity. – In addition to other rule-making requirements
provided by law not inconsistent with this book, each rule shall
become effective fifteen (15) days from the date of filing as about
provided unless a different date is fixed by law, or specified in the
rule in cases of imminent danger to public health, safety and welfare,
the existence of which must be expressed in a statement
accompanying the rule. The agency shall take appropriate measures
to make emergency rules known to persons who may be affected by
them.
Effect of non-filing?
Araos, et al. v. Hon. Regala, et. Al., G.R. No. 174237, February 18,
2012
 Circular No. 12 lays down guidelines on the grant of a one-
step adjustment in the salary of CESOs
 Besides, as the SSS points out, CESB Circular No. 12 is
unenforceable. Per the certification issued by the Office of the
National Register (ONAR) of the University of the Philippines Law
Center dated March 30, 2004, the CESB failed to file three copies of
CESB Circular No. 12 with the ONAR. Sections 3 and 4 of Chapter 2,
Book VII of Executive Order No. 292, otherwise known as the
Administrative Code of 1987
 As CESB Circular No. 12 has not been filed with the ONAR,
it has yet to take effect. It is, therefore, unenforceable
Retroactivity
 Law are not generally retroactive unless the laws
themselves provide for their retroactivity except those which will
violate the following: (a) impairment of contracts; (b) ex post facto
laws; (c) implementation may be arbitrary or harsh
 READ DE LLANA V. ALBA, G.R. NO. 57883, MARCH 12, 1982
Classification
 Constitution
 Treaties
 Statutes proper
 Municipal legislation
 Subordinate legislation
 Legislative Rules
 Court Rules
Classification of case law
Case law proper
 Decisions of SC
 Decisions of CA, Sandiganbayan, RTC, MTCCs
Subordinate case law
 Decisions of Commission and Boards
 Rulings of Admin Officers
 Opinions of Office of President
 Opinions of Secretary Justice
 Opinions of Sol. Gen
 Opinions of Legal Officers of Gov’t Agencies
Parts of the Case
Title
Ex. Smith v. Smith
 First word is the last name of plaintiff, or the person who
brought the lawsuit
 Second word is the last name of defendant, or the person
against whom the lawsuit has been brought
 There will often be cases with multiple plaintiffs or
defendants, only one name will be used in the official title of the case
If there are multiple plaintiffs or defendents, who selects the names in
the title?
First name of the parties is written.
Et al – deprivation of “et alia”, meaning “and others”
Citation
Ex. 1 Phil. 1
1 – volume number
Phil. – name of the book
1 – page number
or docket number and date of
promulgation
Synopsis (Synopses)
 Means the summary
 Useful in research, you can usually tell after reading only
that paragraph whether you are interested in that case or not,
however, it should not be cited
Who writes? Not the ponente but editors like court reporters
READ EX. SYNOPSIS
EX, PEOPLE V. MENDOZA, G.R. NOS. 152589 & 152758, JANUARY 31,
2005
Headnote/Syllabus (Headnotes/Syllabi)
They are bullet points of each point of law that is found in the case.
They are very useful for researching, but again, they should not be
used as precedent.
Who writes? Editors like court reporters
EX. SYLLABI
READ FRENCH OIL MILL MACHINERY CO., INC. V. REGIONAL TRIAL
COURT (RTC), CEBU CITY, BR. 11, ET AL, G.R. NO. 126477, SEPTEMBER
11, 1998
READ ALLIED BANKING CORP V. CA, ET AL.
Case History, etc.
Following the headnotes may be case history, then comes the names
of all the attorneys and whom they are appearing for, and finally the
name of the justice who is actually writing the opinion
Opinion/Decision
Then the opinion itself, and this is organized in different ways
depending on the author. Often the facts of the case come first,
followed by a discussion of the law, application of the facts to the
law, and the holding.
Every justice or judge writes differently, though, so there is no
guarantee of what the body of the case will look like
Holding/Ruling  Per Curiam – rendered by a court as a whole (i.e., decisions
Following the body will be the holding again, ‘affirmed’ or ‘reversed,’ that mete out death penalty)
or something similar  Through Ponente – decision written by a writer (ponente),
member of the court chosen to write the decision (ponencia)
Concurring Opinion/Dissenting Opinion READ EX PERCURIAM
The actions of other justices, if they agreed wholeheartedly with the  Decisions shall be rendered per curiam when:
decision they will simply join the writer in the opinion. If they concur a) Where the penalty imposed is dismissal from service,
or dissent, their opinion will follow, though it is not binding as the disbarment, or indefinite suspension in administrative cases; or
majority opinion is b) In any other case by agreement of the majority of the
 Concurring opinion – written by a justice who agrees with Members or upon request of a member
the outcome but with a different reasoning READ EX THROUGH PONENTE
 Dissenting opinion – written by a justice who disagree with
the majority as to the outcome Decision v. Resolution
The latter two are citable for their ideas, but are not binding Decisions
precedent May be opted because of the jurisprudential importance of the case
or perhaps, while the judgment sought to be reviewed may be
Parts of the Case substantially correct, the facts and the law involved in the case call
 Title for further discussion, elaboration or emphasis for guidance of the
 Citation bench and bar
 Synopses
 Headnotes/Syllabi How to cite a source?
 Case History Primary Sources
 Opinion A. Statutory Materials
 Holding/Ruling 1. Constitution
 Concurring Opinion/Dissenting Opinion  CONST. (1935), art. III, sec. I, par. (3)
 CONST., art. VII
o The official repositories of SC decisions are the Official 2. Laws
Gazette and the Philippine Reports as prepared by the Office of the 2.1 Public Laws (1900-2934)
Reporter and printed by the Government Printing Office (now Art. No. 1160 (1904), art. 3
National Printing Office) 2.2 Commonwealth Acts (1935-1945)
Principles Com. Act No. 52 (1936), sec. 2 (b)
Stare Decisis 2.3 Presidential Decrees (1972-1986)
To adhere to what is decided and not unsettle Pres. Decree No. 603 (1975)
those which are already established. 2.4 Batas Pambansa (1984-2986)
Batas Blg. 80 (1981)
Purpose: uniformity, continuity and stability in the law. Only SC 2.5 Executive Orders (1986-1987)
establish jurisprudence or doctrines which lower courts are duty Exec. Order No. 329 (1950), 46 O.G. 2035 (July, 1950)
bound to follow. Lower courts (including CA) cannot lay down 2.6 Republic Acts (1946-1972; 1987 to date)
doctrines Rep. Act No. 88 (1946)
READ EX. STARE DECISIS 3. Codes
CIVIL CODE, art. 297
Opinion/Ration Decidendi – very ruling of the court; reasons or CIVIL CODE (1889), art. 67
conclusions of the court. The reasoning of the court to arrive at a Cite as
disposition of the case. This constitutes judicial precedent Civil Code CIVIL CODE
Corporation Code CORP. CODE
Deciision/Fallo – is the very disposition of the case placed usually at Family Code FAMILY CODE
the very end of the decision, otherwise called the dispositive portion Insurance Code INS. CODE
of the judgment. Also called judgment Labor Code LABOR CODE
Local Government Code LOCAL GOV’T CODE
Obiter Dictum – an incidental statement not necessary to the Omnibus Election Code ELEC. CODE
resolution of the controversy before the court Revised Administrative Code REV. ADM. CODE
READ EX. OPINION Revised Penal Code REV. PEN. CODE
READ EX. DECISION 4. Proclamations
READ FALLO V. RATIO DECIDENDI Proc. No. 784 (1961), 57 O.G. 7122 (September, 1961)
READ EX. OBITER DICTUM 5. Letters of Instructions
L.O.I. No. 230 (1972)
Decisions – per curiam or through ponente 6. Opinions of the Secretary of Justice
Sec. of Justice Op. No. 271, s. 1982.
7. Administrative Orders 1. Books and pamphlets
Adm. Order No. 21 (1966), 62 O.G. 7194 (October, 1966) IM. Moran, COMMENTS ON THE RULES OF COURT 195 (6th ed.,
8. Administrative Rules and Regulations 1963)
DOLE Rules and Reg. No. _____ (_____) 46 S.C.R.A. 160 (1972)
9. Ordinances 2. Essays or articles
Manila Ordinance 6120, Jan. 26, 1967 J. Ponce Enrile, The Tax Treatment of Real Estate Transactions, in
10. Court Rules 1964 ASPECTS OF PHILIPPINES TAXT LAW 81
RULES OF COURT, Rule 130, sec. 2, par. (a) 3.
RULES OF COURT (1940), Rule 19, sec. 7, par. (b) 4.
B. Court Decisions 5. Annotations
1. General Rule Annot., 19 SCRA 280 (1967)
1.1 SC 6. Letters and speeches
Ariaga v. Javellana, 92 Phil. 330 (1952) Letter of Apolinario Mabini to Emilio Jacinto, December 17, 1898 in
Espiritu v. Rivera, G.R. No. 17092, September 30, 2963, 62 O.G. 7226 LETTERS OF APOLINARIO MABINI 81 (1965)
(Oct., 1966) Address by Justice Cesar Benzon, 7th Anniversary Celebration of the
1.2 CA Bulacan Bar Association, Manila, November 8, 1952, 2 ATENEO L.J.
Chunaco v. Singh, 8 C.A. Rep 488 (1947) 307-314 (1953)
1.3 Sandiganbayan 7. Encyclopedia
People v. Sabarre, Sandiganbayan Crim. Case No. 001, December 12, 81 AM. JUR. 2d Wills 7 (1976)
1979, 1 Sandiganbayan Rep. 305 (1979)
1.4 CTA Internet Sourses
Abad v. Commissioner of Interval Revenue, CTA Case No. 717, June 4, 1. Cases published in electronic form
1963
1.5 RTC
People v. Johnson, RTC (San Jose, Occidental Mindoro, Br. 45) Crim.
Case No. R-1681, August 6, 1984)
1.6 MeTC
Shell Distribution Co., Inc. v. Balmaceda, MeTC (Manila, Branch X)
Civil Case No. 59563, July 20, 1982
1.7 MTCC/MCTC
People v. Soliven, MCTC (Paoay-Currimao, Illocos Norte) Crim. Case
No. 992-C, November 11, 1983
1.8 Shari’a Courts
Al-Awadhi v. Rulona, Shari’a Dist. Ct. (Marawi City) Special
Proceeding No. 011-87, September 15, 1988
1.9 Administrative Decisions
In re Colocado, CSC Adm. Case No. R-27182, September 29, 1964
2. Exceptions
2.1 Cite Islamic and Chinese names in full
Lim Sian Tek v. Ladislao not Lim v. Ladislao
2.2 Cite compound names in full
People v. De la Cruz not People v. Cruz De la
Abad Santos v. Auditor General not Santos v. Auditor General
2.3 Always cite names of corporations, etc in full
Mata v. Rita Legarda, Inc.
Allied Workers Ass’n of the Phil. V. Republic Trading Corp
2.4 Cite cases involving the Government of the Philippines or
government unit and criminal cases as follows:
Government v. Abadinas
Republic v. Carpin
People v. Santos
City of Cebu v. Ledesma
2.5 Cite names beginning with procedural terms as they appear
in decisions
Ex parte Milligan
In re Garcia

Secondary Sources