eye iq U.P. LAW LIBRARY 20rer Philippine Manual of LEGAL CITATIONS (10° Edition) Revised by Myrna S. FELICIANO A COMPLIMENTS OF THE UP LAW COMPLEX U.P. Law Comptex 2019Le -f6106 COPYRIGHT 2019 Ken | 47 by the Co} ‘U.P. Law Complex 20/9 . and the Authors ISBN No. 978-971-15-0506-6 Published by the Information and Publication Division Printed by Printing Office Office of the National Administrative Register (ONAR)PREFACE 1* Edition This Manual is a response to a long-felt need in legal research and writing. It should be stressed that, on the whole, the working rules it contains have been evolved in practice. In mimeographed form, the Manual has been used in the legal writing course at the U.P. College of Law and the Center’s continu- ing legal education program. The method of citation in the Philippine Law Journal is based on this Manual. This present work would not have been possible without the initiative of the former Dean of the U.P. College of Law, retired Supreme Court Justice Vicente Abad Santos, who in 1967 consti- tuted the three of us into a committee to prepare a uniform system of legal citation. This Manual grew out of that assignment. The publication of this Manual was made a project of the U.P. Law Center by the then Director Froilan M. Bacufigan, in the further- ance of legal scholarship. Legislative and judicial changes ne- cessitated the 2nd revision of this work, and the additional con- sideration that the previous edition has gone out of print. IRENE R. CORTES MYRNAS. FELIC|ANO MERLIN M. MAGALLONA iiiPREFACE TO THE TENTH EDITION This Manual has been revised nine times by the undersigned. The basic structure is the same as the basic goal which is to conform with international standards as well as to teach law students, members of the bench and bar to cite materials in their papers, pleadings, books and also the internet sources. The revisions of this Manual incorporates some of the changes in the Philippine government agencies to date and the 20th edition of Harvard Bluebook or the Uniform System of Citation as well as the United Nations Documentation Research Guide. We also compared our citations to the recommendations and adopted some suggestions of the 3rd edition of the ALWD Citation Manual; A Professional System of Citation, published by the Association of Legal Writing Directors and Darby Dickerson; and the Oxford Standard for the Citation of Legal Authorities (OSCOLA). We are grateful for the support of Dean Fides Cordero-Tan and Associate Dean Concepcion L. Jardeleza who are responsible for its publication in the U.P. Law Center. Although Prof. Merlin M. Magallona did not participate in the preparation of the previous and present editions, we have retained a great deal of materials from the original edition. This work would not have been possible were it not for the painstakingly assistance of Ms. Erlinda N. Lopez and the U.P.L.C. Information and Publication MYRNAS. FELICIANOU.P. LAW COMPLEX OFFICIALS Fides C. Cordero-Tan, Dean Concepcion L. Jardeleza, Associate Dean for Administration Jay L. Batongbacal, Associate Dean for Research and Development, and Director, Institute for Maritime Affairs and Law of the Sea Michelle B. San Buenaventura-Dy, College Secretary Edgardo Carlo L. Vistan II, Director, Office of Legal Aid Elizabeth H. Aguiling-Pangalangan, Director, Institute of Human Rights Dante B. Gatmaytan, Director, Institute for the Administration of Justice Nicolas Felix L. Ty, Director, Institute of Government and Law Reform Rommel J. Casis, Director, Institute of International Legal Studies Emerson S. Bafiez, Head, Information and Publication Division Glenda T. Litong, Head, Training and Convention Division Rene B. Manlangit, Head, College of Law Library Flordeliza C. Vargas-Trinidad, Director, Office of the National Administrative Register, and Head, Administrative DivisionTABLE OF CONTENTS 1. PRIMARY SOURCES A Court Decisions 1. Case Names. 2. Case Reports .. B. Statutory Materials 3. Constitution 4. Session Laws 5. Bills, Resolutions and Committee Reports 6. Treaties and International Agreements 7. 8. 9. . Presidential Acts and Issuances . . Opinions of the Secretary of Justice ). Administrative Rules and Regulations 10. Ordinances ... 11. Court Rules... Il. SECONDARY SOURCE: 12. Books and Pamphlets 13. Collection of Essays or Articles .. 14. Periodical Articles 15. Newspapers .. 16. Annotations . 17. Letters, Speeches and Interviews 18. Encyclopedias .. 19. Looseleaf Services... 20. CD Roms and other Electronic Storage Media 21. Book Reviews 22. Internet Sources . II]. FOREIGN SOURCES .. A Court Decisions 23. Case Names. 24. Case Reports .. 25, Statutory Materials 26. Secondary Materials IV. UNITED NATIONS AND INTERNATIONAL ORGANIZATIONS SOURCES 27. United Nations ...28. League of Nations .... 29. International Court of Justice (The World Court) .. 30. Permanent Court of International Justice 31. International Arbitrations 32. Other International Courts 33. Other International Bodi: V. REPEATING CITATIONS... VI. APPENDICES Appendix A — Sample Page Showing Footnotes... Appendix B - Sample of a Bibliography .. Appendix C - List of Reports .. Appendix D — List of Current Legal Periodicals and their Abbreviations ... viiiPHILIPPINE MANUAL OF LEGAL CITATIONS 1. PRIMARY SOURCES COURT DECISIONS Case NAMES 1.1. General Rule— Cite cases by giving the surname of the parties, the volume of the report title, and page of reports, and the year of promulgation in parenthesis. Abbreviate versus or contra as v. When used in the text, underscore the title of the case (if printed, italicize); and place the source or citation in the footnote. If case is cited in the footnote, use regular roman or ordinary type. Example: Reyes v. Tinga, 255 Phil. 88 (1989). 1.1.1. If two or more actions are considered in one decision, cite only the first listed. Do not use “et al" or other terms to indicate omitted parties. 1.1.2. Ifone case has two different names, use the one listed first. Do not include any party's designation such as plaintiff, defendant, appellant, appellee, petitioner, respondent, intervenor, administrator, executor or trustee. 1.2. Exceptions 1.2.1. Cite Islamic, Chinese, Korean or Vietnamese names in full. As to those with Christian first names, follow the general rule.PHILIPPINE MANUAL OF LEGAL CITATIONS Examples: Ngo Bun Tiong v. Sayo not Ngo v. Sayo Chua v. National Labor Relation Commission not Johnson G. Chua v. National Labor Relations Commission. Una Kibad v. Commission on Elections not Kibad v. Commission on Elections. 1.2.2. Cite compound names in full. Examples: Dela Pefia v. Sandiganbayan not Pefia v. Sandiganbayan. Abad Santos v. Auditor General not Santos v. Auditor General Palma-Fernandez v. De la Paz not Fernandez v. Dela Paz. 1.2.3. Always cite names of corporations, associations, business firms and partnerships in full. Words forming part of such names may be abbreviated, except the first word. Right words that maybe abbreviated: “&,” “Ass'n,” “Bros.,” “Co.,” “Inc.,” “Ltd.,” “No.” unless a word begins as a party's name. Examples: Mata v. Rita Legarda, Inc. Allied Workers Ass'n. of the Phil. v. Republic Trading Corp. 1.2.4, Cite cases involving the Government of the Philippines and criminal cases as follows: Government v. ; Commonwealth v. ; Republic v. , U.S. v., ; People v. ; depending upon the title of the case.PHILIPPINE MANUAL OF LEGAL CITATIONS. Examples: Government v. Abadinas. Commonwealth v. Corominas. Republic v. Carpin. U.S. v. Jaranilla. People v. Santos. 1.2.5. Cite cases involving public officers or offices as follows: (a) Where the person is named in his Official capacity, give the name of the person only. Examples: City of Manila v. Subido not City of Manila v. Abelardo Subido, in his capacity as Civil Service Commissioner. Gonzales v. Hechanova not Gonzales v. Executive Secretary. (b) Where the office is named, give the complete name of the office. Examples: : Collector of Internal Revenue v. Tan Eng Hong. Chief of Phil. Constabulary v. Sabungan Bagong Silangan. Board of Election Inspectors of Tolosa v. Piccio. Assistant Executive Secretary v. Sarbro & Co. Always cite Municipality of , City of Province of , as they appear in the decisions.PHILIPPINE MANUAL OF LEGAL CITATIONS Examples: Province of Nueva Ecija v. Imperial Mining Co., Inc. Municipality of Victorias v. Court of Appeals Cite case names beginning with procedural terms like Ex parte, Ex rei and In re as they appear in the decisions. Use in re instead of “in the matter of,” “matter of,” “petition of’ and “application of.” Examples: 1.2.8. Ex parte Milligan. Inre Lozano. U.S. ex rel Greathouse v. Smith. Manner of Adjudication by the Supreme Court is as follows:* (a) By decision, when the Court disposes of the case on its merits and its rulings have significant doctrinal values; resolve novel issues; or impact on the social, political, and economic life of the nation. The decision shall state clearly and distinctly the facts and the law on which itis based. It shall bear the signatures of the Members who took part in the deliberation. (b) By signed resolution, when the Court comprehensively resolves the motion for reconsideration filed in the case or when a dissenting opinion is registered against such resolution. The signed resolution shall no longer discuss issues resolved in the decision and need not repeat the facts and the law stated in it. It shall also bear the signatures of the Members who took part in the deliberation. + $.Ct. Internal Rules, A.M. No. 10-4-20-SC, sec. 6 as amended on August 3, 2010. | | | |PHILIPPINE MANUAL OF LEGAL CITATIONS (c) By unsigned resolution when the Court disposes of the case on the merits, but its tuling is essentially meaningful only to the parties; has no significant doctrinal value; or is of minimal interest to the law profession, the academe, or the public. The resolution shall state clearly and distinctly the facts and the law on which it is based. (d) By minute resolution when the Court (1) dismisses a petition filed under Rule 64 or 65 of the Rules of Court, citing as legal basis the failure of the petition to show that the tribunal, board or officer exercising judicial or quasi-judicial functions has acted without or in excess of jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction; (2) denies a petition filed under Rule 45 of the said Rules; citing as legal basis the absence of reversible error committed in the challenged decision, resolution, or order of the court below; (3) dismisses an administrative complaint, citing as legal basis failure to show a prima facie case against the respondent; (4) denies a motion for reconsideration, citing as legal basis the absence of a compelling or cogent reason to grant the motion, or the failure to raise any substantial argument to support such motion or the decision of the Court has already passed upon the basic issues in the case; and (5) dismisses or denies a petition on technical grounds or deficiencies. The Supreme Court has the discretion to formulate unsigned resolutions on motions of reconsideration, provided a legal basis is given based on its evaluation of the case as final and executory. It also issues minute resolutions which are promulgated by the Court en banc through the Clerk of Court by sending them to the parties concerned by quoting verbatim the resolution issued by the 5PHILIPPINE MANUAL OF LEGAL CITATIONS. Court. Resolutions promulgated by the Court of Rules or administrative procedures which are amended or revised are also published verbatim by the Clerk of Court. An example of the form released by the Clerk of Court: (SUPREME COURT Seal) REPUBLIC OF THE PHILIPPINES. SUPREME COURT Manila EN BANC/__DIVISION NOTICE Sir/Mesdames: Please take notice that the Court en banc/ Division issued a Resolution dated , which reads as follows: “G.R.JUDK/A.M./A.C. NO. (TITLE). - (QUOTE RESOLUTION") Very truly yours, (Sgd.) CLERK OF COURT/Division Clerk of Court How to cite these resolutions: o Sumifru (Phil.) Corp. v. Spouses Cerefio, GR. No. 218236 (Resolution), February 7, 2018 o AM. No. 02-11-10-SC (Re: Rule on Declaration of Absolute Nullity of Void Marriages) and A.M. No. 02-11-11-SC (Re: Rule on Legal Separation) Resolution, dated October 2, 2018 (Notice). } iPHILIPPINE MANUAL OF LEGAL CITATIONS 2. Case Reports 2.1. Supreme Court Decisions — When the decision is already found in the officially published Philippine Reports, indicate only the Philippine Reports (Phil.) citation. 2.1.1. Philippine Reports— Cite as: volume Phil. page (year). Example: Diaz v. Estrera, 78 Phil. 637 (1947). 2.1.2. Official Gazette— Always cite G.R. docket no. and date of promulgation before the O.G. citation. Cite as: GR. No. date promulgated, volume O.G. page (Month & year of issue). Example: Espiritu v. Rivera, G.R. No. 17092, September 30, 1963, 62 0.G. 7226 (Oct. 1966). If the decision is found in a supplement, indicate supplement number, page and date of issue. Example: 46 O.G. Supp. No. 11, 22 (Nov., 1950). 2.1.3. General Register (G.R.)—Advanced decisions of the Supreme Court. Cite as: GR. No. date of promulgation, omitting the L—which refers to post-liberation decisions.PHILIPPINE MANUAL OF LEGAL CITATIONS Example: Estepa v. Diansay, G.R. No. 14733, September 30, 1960. 2.1.4. Unofficial Reporters— If the decision is found in an unofficial reporter such as SCRA (Supreme Court Reports Annotated) or SCAD (Supreme Court Advanced Decisions), cite the page where the case can be located but only after the G.R. docket no. and date of promulgation is cited. Examples: People v. Simon, G.R. No. 93028, July 29, 1994, 234 SCRA555 (1994). Miranda v. Besa, G.R. No. 146513, July 30, 2004, 224 SCAD 76 (2004). 2.1.5. For disciplinary cases against attorneys- at-law: Cite as: Adm. Case No. , date of promulgation. Example: Alcantara v. De Vera, Adm. Case No. 5859, November 23, 2010. 2.1.6. For disciplinary cases against judges: Cite as: A.M. (Administrative Matter) No. indicate whether MTJ, RTJ or CA) and date of decision. Examples: Morales v. Bravo, A.M. No. MTJ-1612, August 30, 2006. Santos v. Arcaya-Chua, A.M. No.-RTJ-07- 2093, February 13, 2009. Re: Complaint Against Elvi John Asuncion, A.M. Nos. 06-6-68 & 06-44-CAJ, March 20, 2007. | |PHILIPPINE MANUAL OF LEGAL CITATIONS 2.1.7. For disciplinary cases against personnel of the judiciary: Cite as A.M. No. P- and date of decision: Example: Aglugub v. Perez, A.M. No. P-99-1348, October 15, 2009. 2.1.8. For questions on the practice of law: Cite as B.M. (Bar Matter) No. and date of promulgation. Examples: Petition for Leave to Reserve the Practice of Law, Benjamin M. Dacanay, B.M. No. 1678, December 17, 2007. Re: Rules of Procedure of the Commission on Bar Discipline, B.M. No. 1755, September 25, 2007. 2.2. Court of Appeals Decisions 2.2.1. Appellate Court Reports (v. 2, 1937 and v. 8, 1947 are the only volumes published)— Cite as: volume C.A. Rep. page (year). Example: Chunaco v. Singh, 8 C.A. Rep. 488 (1947). 2.2.2. Court of Appeals Reports, Second Series Cite as: C.A. Rep. 2d page (year). Example: Flores v. Valpefia, 2C.A. Rep. 2d 64 (1962).PHILIPPINE MANUAL OF LEGAL CITATIONS 2.2.3. Court of Appeals General Register (C.A.-G.R.)—Advanced decisions of the Court of Appeals. Cite as: C.A-G.R. No. -R, CV, CRor SP and date of promulgation. Example: Caliboso v. Bueno, C.A-G.R. No. 20401-R April 8, 1960. 2.2.4. Official Gazette— Cite as: C.A.-SP or CR or CV No. ‘ (date of promulgation, volume O.G. page (month & year of issue). Example: Manila Electric Co. v. Allarde, C.A.-SP No. 11850, May 15, 1987, 86 O.G. 3447 (May, 1990). Note: The following abbreviations stand for the different categories of cases: R (Remedies). SP (Special Proceedings). CR (Criminal Cases). CV (Civil Cases). UDK (Undocketed). 2.3. Other Courts— 2.3.1. Sandiganbayan Decisions— Cite as: Sandiganbayan Crim. Case No, ‘ date of promulgation, volume Sandiganbayan Rep. page (year of issue). Example: People v. Sanbarre, Sandiganbayan Crim. Case No. 001, December 12, 1979, 1 Sandiganbayan Rep. 305 (1979). 10PHILIPPINE MANUAL OF LEGAL CITATIONS 2.3.2. Court of Tax Appeals Decisions— Cite as: CTACase No. promulgation. date of Example: Abad v. Commissioner of Internal Revenue, CTACase No. 717, June 4, 1963. 2.3.3. Regional Trial Court Decisions— Cite as: RTC (Place & Branch No.) Crim. Case or SP No. R-, , date of promulgation. Examples: People v. Johnson, RTC (San Jose, Occidental Mindoro, Br. 45) Crim. Case R-1681, August 6, 1984. In re Morales, RTC (Dagupan City, Br. 43) SP-2472, December 7, 1989. 2.3.4. Metropolitan Trial Courts Decisions— Cite as: MeTC (Place & Branch No.) Civil or Crim. Case No. , date of promulgation. Example: Shell Distribution Co., Inc. v. Balmaceda, MeTC (Manila, Branch X) Civil Case No. 59563, July 20, 1982. 2.3.5. Municipal Trial Courts in Cities, Municipal Trial Courts and Municipal Circuit Trial Courts Decisions. Cite as: MTCC, MCTC or MTC (Place) Crim. Case No. , date of promulgation. Example: People v. Soliven, MCTC (Paoay-Curimao, ilocos Norte) Crim. Case No. 992-C, November 11, 1963. 1PHILIPPINE MANUAL OF LEGAL CITATIONS 2.3.6. Shari'ah District and Circuit Courts Cite as: Shari'ah Dist./Circ. Ct. (place), type of case, case no. and date of promulgation, date of promulgation. Example: Al-Awadhi v. Rulona, Shari’ah Dist. Ct. (Marawi City) SP No. 011-87, September 15, 1988, 2.4. Administrative Agencies and theirDecisions— Cite as: the name of the agency (when there is an abbreviated form, use abbreviation or acronym), case number and date of promulgation. Examples: Tinio v. Dizon, DENR Case No. 2734, April 24, 1967. In re Colocado, CSC Adm. Case No. R-27182, September 29, 1964. Winthrop-Sterling Employees Ass’n (FFW) v. Winthrop Steams & Sterling Product International, NLRC Case No. LR-6091, January 26, 1976. The following is a list of some administrative agencies and boards exercising regulatory and quasi-judicial functions: List of Administrative Agencies Cite As Anti-Money Laundering Council... Armed Forces of the Philippines, Office of the Judge Advocate General Bangko Sentral ng Pilipinas . Board of Investments .. Board of Liquidators Board of Pardons and Parole Bureau of Agrarian Legal Assistance Bureau of Agricultural and Fisheries Product Standards... Bureau of Animal Industry . Bureau of Customs...PHILIPPINE MANUAL OF LEGAL CITATIONS List of Administrative Agencies Cite As Bureau of Fire Protection .. Bureau of Fisheries and Aquatic Resources Bureau of Immigration ... Bureau of Internal Revenue . Bureau of Labor Relations Bureau of Local Employment Bureau of Patents, Trademarks and Technology Transfer Bureau of Plants Industry .. Bureau of Product Standards Bureau of Quarantine .. Bureau of Trade Regulation and Consumer Protection .. Bureau of Treasury. Bureau of Women an Bureau of Working Conditions .... Business Permits and Licensing Office Career Executive Service Board .. Central Board of Assessment Appeals Civil Aeronautics Board ..... Civil Aviation Authority of the Philippines .. Civil Service Commission Commission on Audit ... Commission on Elections Commission on Higher Education Commission on Immigration and Deportation ... Commission on the Settlement of Land Problems Construction Industry Arbitration Commission... Cooperative Development Autho! Cottage Industry Technology Center Dangerous Drugs Board Department of Agrarian Relations Adjudicative Board .. Department of Agriculture, Office of the Secretary .... Department of Energy .. Department of Environment and Natural Resources .... Department of Finance, Office of the Secretary .. BWC .BPLO .CESB . CBAA .CAB .CAAP. CSC COA . COMELECPHILIPPINE MANUAL OF LEGAL CITATIONS List of Administrative Agencies Cite As Department of Foreign Affairs, Office of Consular Services .... Department of Human Settlements and Urban Development .... Department of Information and Communications Technology ... Department of Interior and Local Government... Department of Justice, Office of the Secretary ... Department of Labor & Employment, Office of the Secretary .. Department of National Defense Department of Public Works and Highways Department of Science and Technology Department of Social Welfare and Development Department of Tourist Department of Trade and Industry Department of Transportation .. Employees Compensation Commission Energy Regulatory Commission ... Environmental Management Bureat Fertilizer and Pesticide Authority Fiscal Incentives Review Board Food and Drug Administration .. Games and Amusements Board.. Garments and Textile Export Board Governance Commission for GOCCs Government Procurement Policy Board Government Service Insurance System Home Development Mutual Fund... Human Settlements Adjudication Commission... Insurance Commission .. Intellectual Property Office Inter-Country Adoption Board Laguna Lake Development Authorit Land Management Bureau Land Registration Authority Land Transportation Franchising and Regulatory Board ...PHILIPPINE MANUAL OF LEGAL CITATIONS List of Administrative Agencies Cite As Land Transportation Office Legal Education. Board .. Local Water Utilities Administration Manila International Airport Authority Maritime Industry Authority. Metropolitan Manila Development Authority Metropolitan Waterworks & Sewerage System ooo... Metropolitan Waterworks & Sewerage ‘System Regulatory Office .. Mindanao Development Authority Mines Adjudication Board . Monetary Board Movie and Television Review and Classification Board National Bureau of Investigation National Commission on the Filipino Language National Commission on Indigenous Peoples... National Commission on Muslim Filipinos . National Conciliation and Mediation Board National Economic Development Authority, Office of the Director General .. National Electrification Administration National Food Authority National Historical Commission o' Philippines... National Housing Authority National Irrigation Administration . National Labor Relations Commission . National Library of the Philippines (Copyright Office) .... National Mapping and Resource Information Authority ... National Meat Inspection Service National Museum.. National Parks Development Committee ... LTO National Police Commission . NAPOLCOM National Privacy Commission Nar. Priv.Com. National Renewable Energy Board NREB Nationa! Resources Development Corporation... . NRDCPHILIPPINE MANUAL OF LEGAL CITATIONS List of Administrative Agencies Cite As NSB NTC NTA NWPC NWRB NIB OSG National Seamen Board National Telecommunication Commission National Tobacco Administration ... National Wages & Productivity Commission .. National Water Resources Board . Nuclear indemnity Board . Office of the Solicitor General .. Office of the Ombudsman Office of Government Corporate Counsel Office of the Presidential Adviser on the Peace Process . Office of Transportation Cooperatives Optical Media Board... Overseas Workers Welfare Administration .. Palawan Council for Sustainable Development...... Philippine Aerospace Development Corporation ... Philippine Atmospheric, Geophysical and Astronomical Services Administration Philippine Air Force Philippine Amusement and Gaming Corporation .... Philippine Charity Sweepstakes Office Philippine Coast Guard Philippine Coconut Authority Philippine Competition Commission Philippine Contractors Accreditation Board Philippine Deposit Insurance Corporation .. Philippine Drug Enforcement Agency Philippine Economic Zone Authority Philippine Fiber Industry Development Authority... Philippine Fisheries Developm jority Philippine Government Electronic Procurement System ... Philippine Health Insurance Corporation Philippine Institute of Volcanology and Seismology... Philippine Iron and Steel Institute Philippine Merchant Marine Academy Philippine National Police Philippine National Railways .. Philippine Overseas Employment Administration PhilGEPS PhilHealth PHIVOLCS PISIPHILIPPINE MANUAL OF LEGAL CITATIONS List of Administrative Agencies Cite As Philippine Postal Corporation Philippine Ports Authority Philippine Racing Commission Philippine Sports Commission Philippine Statistics Authority .. Philippine Tourism Authority Philippine Veterans Administratior Plant Quarantine Office .... Pollution Adjudication Board Presidential Iron and Steel Committee Professional Regulation Commission Public Sector Labor-Management Council Quedan Rural Credit and Guarantee Corporations ... Securities & Exchange Commission . Social Security Commission Small and Medium Industries Commission Sugar Regulatory Administration . Tariff Commission ... Technical Education and Skills Development Authority .. Toll Regulatory Board... Tourism Infrastructure and Enterprise Zone Authority .. Videogram Regulatory Board B. STATUTORY MATERIALS 3. Constitution— The Constitution is cited in caps and small caps by reference to article, section and paragraph. When the Constitution is no longer in force, put the year in parenthesis. Examples: Consr. (1935), art. Ill, sec. 1, par. (3) Consr. art. VII. If writing for a foreign publication, indicate their country in abbreviated form before the Constitution. 17PHILIPPINE MANUAL OF LEGAL CITATIONS Example: U.S. Consr., art. VII, sec. 1. | 4. Session Laws— Citation of source, e.g., Public Laws, Laws & Resolutions, Vital Documents or Official Gazette is not required but may be added if it is a local publication. Reference to section, article or paragraph should follow after citation of Statute in the text but should not precede the statute if the citation is in the footnote. 4.1, Public Laws, 1900 to 1934. } Cite as: Act No. (year of effectivity), | volume Pustic Laws page. | Example: Act No. 1160 (1904), art. 3. 4.2. Commonwealth Acts, 1935-1945. Cite as: Com. Act No. (year of effectivity). Volume Pusic Laws Com. page. Example: j Com. Act No. 52 (1936), sec. 2 (b). | 4.3. Presidential Decrees, September 21, 1972 to February 20, 1986. i Cite as: Pres. Decree No. (year of effectivity), volume Vitat Docs. page. (if available). Example: Pres. Decree No. 603 (1975). 4.4, Batas Pambansa July 23, 1984 to February 1, 1986. Cite as: Batas Blg. (year of effectivity), volume Acts & Res. page (if available). 18PHILIPPINE MANUAL OF LEGAL CITATIONS Example: Batas Blg. 80 (1981), Acts & Res. 1980-81, 1-30. 4.5, Executive Orders, February 23, 1986 to July 26, 1987. See Rule 7.1. 4.6. Republic Acts 1946 to 1972; July 27, 1987 to date Cite as: Rep. Act No. Laws & Res. page. (year of effectivity), volume Example: Rep. Act No. 1792 (1957), sec. 4. 4.7. Codes— As a general rule, cite the name of the particular code, article number or section number (if any) without any indication of date. But when the code is no longer in force or has been subsequently revised, put the year of effectivity in parenthesis. Examples: Civ. Cove, art. 297 Civ. Cove (1889), art. 67. The following is a list of Philippine Codes and how they are cited: List of Philippine Codes Cite As Administrative Code of 1987... i“ Agricultural Land Reform Code as amended by the Code of Agrarian Reforms .. Child and Youth Welfare Code ..... Civil Code... Coconut Industry Code .. Coconut Inous. Cooe Code of Commerce CommerciaL Cove Cooperative Code Corporation CodePHILIPPINE MANUAL OF LEGAL CITATIONS List of Philippine Codes Cite As Family Code Family Cope Fire Code Fire Cove Revised Forestry Code Rev, Forestry Cove Insurance Code.... Ins. Cove Intellectual Property Code . InreLecTUAL Prop. Cove Labor Code Lasor Cope Transp. & TRAFFIC Cove Locat Govt. Cove Land Transportation & Traffic Code Local Government Code Meat Inspection Code Meat Insp. Cove Muslim Code of Personal Law: Musum Cope National Building Code... Buos. Cove National Code of Marketing of Breastmilk Substitutes, Breastmilk Supplements ..... NATIONAL Mick Cove Tax Cove Evection Cove National Internal Revenue Code .. Omnibus Election Code..... Omnibus Investments Code. Philippine Environment Code Philippine Fisheries Code Pre-Need Code of the Philippines .. Revised Administrative Code Revised Corporation Code Code Revised Penal Code Sanitation Code Securities Regulation Cod State Auditing Code . Tariff and Customs Code Water Code .... 5. Bits, REsoLutions ano Committee Rerorts— 5.1. Congress of the Philippines, 1946-1972; 1987 — Cite Bills, resolutions or committee reports in the following manner; House where the bill, resolution or committee reports originated, serial report number, the Congress, session and year in parenthesis. For committee reports, give the name of the committee. 20PHILIPPINE MANUAL OF LEGAL CITATIONS Examples: S. No. 5, 6" Cong. 1" Sess, (1966). H. No. 15085, 5" Cong., 4" Sess. (1965). S. Res. 1, 4" Cong., 1* Session. (1958). H. Res. 2, 6" Cong., 3% Sess. (1966). Comm. On National Defense and Security, H. Rpt. 28, 5" Cong., 1* Sess. (1962). Senate or House of Representatives Concurrent Resolutions ... ... S. Con. Res. Senate or House of Representatives Joint Resolution .. . S/H. Jt. Res. Senate or House Committee Reports . . S/H. Ret. Resolution of both Houses when sitting together but voting separately ..... . R.B.H. 5.2. Batasang Pambansa, 1978-1986. Cite bills in the following manner: Origin of bill, bill number, the number of the Batasan, number of the session and the year in parenthesis. Examples: P.B. No. 2868, 1* Batasan, 5" Sess. (1983). C.B. No. 54, 1* Batasan, 5" Sess. (1983). For Committee reports, cite name of Committees, Serial report number, number of Batasan, number of the session and the year in parenthesis. Example: Committee on Civil Service Rpt. 545, 1* Batasan, 5" Sess. (1983). The following is a list of abbreviations for the various legislative outputs: Cabinet Bill .... Journal of the Batasan ... Letters/Annual Reports Transmitted . Parliamentary Bills .... COMMUNICATION P.B. 21PHILIPPINE MANUAL OF LEGAL CITATIONS RB. . Res. WA. Records of the Batasan .. Resolutions . Written Answer 6. TREATIES AND INTERNATIONAL AGREEMENTS — Cite the name of the agreement and the exact date of signature by the Philippines. The effectivity date or date of entry into force may be given parenthetically at the end of the citation. Shorten the title of the cited agreement by substituting “with” for “Between the Republic of the Philippines and.” Give the source of the text of the treaty. Example: Treaty of Friendship with India, July 11, 1952 (1953), \l-2 D.F.A.T.S 1, 2 P.T.S. 797, 203 U.N.T.S 73. List of Treaty Sources Cite As Department of Foreign Affairs Treaty Series .. 2 F.A.T.S. Philippine Treaty Series... o League of Nations Treaty Series < United Nations Treaty Series Treaties and Other Internatio: Ss . United States Treaties and Other International Agreements ane UST: 7. Presipentiat Acts AND Issuances — Presidential acts are cited in the following manner, giving the source of publications. 7.1, Executive Orders — Cite as: Exec. Order No. (year). Example: Exec. Order No. 329 (1950), 46 O.G. 2035 (July 1950). 22PHILIPPINE MANUAL OF LEGAL CITATIONS 7.2. Proclamations— Cite as: Proc. No. (year). Example: Proc. No. 784 (1961), 57 O.G. 7122 (September, 14961). 7.3. Administrative Orders— Cite as: Adm. Order No. (year). Example: Adm. Order No. 21 (1966), 62 O.G. 7194 (October, 1966). Presipentiat Acts UNDER Martiat Law, 1973-1986: 7.4. General Orders— Cite as: Gen. Order No. (year). Example: Gen. Order No. 39 (1972). 7.5. Letters of Instructions— Cite as: L.O.I. No. (year). Example: L.O.1. No. 230 (1972). 7.6. Letters of Implementations— Cite as: L.O. Impl. No. (year). Example: L.O. Impl. No. 5 (1972). 7.7. Letters of Authority— Cite as L.O.A. No. (year). 23PHILIPPINE MANUAL OF LEGAL CITATIONS Example: L.O.A. No. 1 (1972). 8. OPINIONS OF THE SECRETARY OF JUSTICE— Cite as: Sec. of Justice Op. No. . Series (year). Example: Sec. of Justice Op. No. 271, s. 1982. 9. ApminisTRATIVE RULES AND REGULATIONS— Rules and Regulations promulgated by administrative agencies are cited by name of agency (where there is an abbreviation for the agency, use abbreviation or acronym) together with the designation or title employed in the rules (‘administrative order,” “order”, “circular” “bulletin”, “rules and regulations”, etc.), serial number, and year of promulgation in parenthesis. The designation “Rules and Regulations” is abbreviated as “Rules & Reg.” or “Reg.” followed by a reference to section or paragraph. Where the promulgating agency is a Department, indicate, where appropriate, the implementing bureau or office. Examples: DCI (Cooperatives) Adm. O. No. 1 (1963). DNR (Forestry) Adm. O. No. 26 (1976). Labor Employment Service Reg. No. 3 (1966). ABBREVIATIONS: Department of Cite as Agriculture ..... Agrarian Reform Budget and Management .. Education Energy DOE Environment and Natural Resources DENR Finance... Foreign Affairs 24PHILIPPINE MANUAL OF LEGAL CITATIONS Department of Cite as Health ... Human Settlements and Urban Development... Information & Communications Technology... Interior and Local Governments Justice .... Labor and Employmen National Defense ... Public Works and Highways Science and Technology... Social Welfare & Development Tourism ...... Trade and Industry Transportation 10. Orvinances— Cite provincial and city ordinances in the following manner: Name of the municipal or provincial Unit, serial number of ordinance, and date of effectivity. Example: Manila Ordinance 6120, Jan. 26, 1967. 11. Court Rutes — Rules of Court is cited as a code. When the rules are no longer in force, add year of effectivity in parenthesis. These Rules consists of five parts — civil procedure, special proceedings, criminal procedure, evidence and legal ethics. Subsequently, the Criminal Procedure was revised in 1985, amended in 2000 and 2004; the Civil Procedure in 1997 and Evidence which became effective in 1988. Examples: Rutes or Court, Rule 130, sec. 2, par. (a) 1997 Rutes oF Civ. Proc., Rule 24, sec. 6. 25PHILIPPINE MANUAL OF LEGAL CITATIONS 1985 Rev. Rutes or Crim. Proc., Rule 115, sec. 1(d) Rev. Rutes on Evio., Rule 133, sec. 8. Rutes oF Court (1940), Rule 19, sec. 7, par. (b) 11.1. Family Court Rules Family Court Rules are issued pursuant to Section 13 of Rep. Act No. 8369 (1997). In the footnote citation, indicate the abbreviated title of the Rule as well as the Administrative Matter No. and date of effectivity, and hereinafter cited as follows: Rule Title Cite As Rule on Examination of a Child Witness, © Cxito Wimess Rute A.M. No. 00-4-07-SC, effective December 15, 2000, Amendment of sec. 25 as indicated in OCA Circular No 101-2019 re: Live-Link Television, dated July 3, 2019 Rule on Commitment of Children, Cxitoren COMMITMENT A.M. No. 02-1-19-SC, April 15, 2002 Rue Rule on Adoption, A.M. No. 02-6-02-SC, Avoprion RULE August 2, 2002, as Amended on the Required Documents in Adoption as Clarified by OCA Circular Nos. 225-2016 & 213-2017, October 25, 2016 & October 23, 2017 Special Treatment of Minor ‘SPECIAL TREATMENT Detainees and Jail Decongestion, oF Minor Detainees S. Ct. Administrative Circular No. Rute 04-2002, effective February 15, 2002 Rule on Legal Separation, LecaL SEPARATION RULE A.M. No. 02-11-11-SC, March 15, 2003, as Amended by Section 2(b) re Guidelines to Validate Compliance with Jurisdictional Requirement, approved by Supreme Court En Banc, October 2, 2018 (Notice) 26PHILIPPINE MANUAL OF LEGAL CITATIONS Rule on Declaration of Absolute Nullity Voi No Vomaate of Void Marriages and Annulment Marruces RULE of Voidable Marriages, A.M. No, 02-11-10-SC, effective March 15, 2003, as amended by Section 5 re Guidelines to Validate Compliance with Jurisdictional Requirement, approved by the Supreme Court En Banc, October 2, 2018 (Notice) Rule on Provisional Orders, Provisional ORDERS A.M. No. 02-11-12-SC, Rute effective March 15, 2003 Rule on Custody of Minors and Writ Custopy oF Minors. of Habeas Corpus in Relation to Rute Custody of Minors, A.M. No. 03-04-04-SC, effective May 15, 2003 Rule on Guardianship of Minors, GuariANsHiP OF A.M. No. 03-02-05-SC, Minors Rute effective May 1, 2003 Rule on Violence Against Women and VAWC Rute. Their Children, A.M. No. 04-10-11-SC, effective November 15, 2004 Rule on Children Charged Under CHILDREN CHARGED: Republic Act No. 9165 or Unoer RA 9165 Rute the Comprehensive Dangerous Drugs Act of 2002, A.M. No. 07-8-2-SC, effective November 5, 2007 Rule on Court-Annexed Family Famicy Meoiation Rute Mediation and the Code of Ethical Standards, A.M. No. 10-4-16-SC effective June 25, 2010 2019 Supreme Court Revised Rule on Rev. RULE ON CHILOREN Children in Conflict with the Law, IN CONFLICT WITH THE A.M. No. 02-1-18-SC, dated January 22, 2019 and took effect after 15 days following publication ‘on June 22, 2019 27PHILIPPINE MANUAL OF LEGAL CITATIONS 11.2. Other Court Rules Guidelines in the Archiving of Cases, S. Ct. Adm. Circular No. 7-92, dated October 12, 1992. As Amended by Adm. Circular No. 7-A-92, dated June 21, 1993, as Implemented by OCA Circular No. 89-2004, issued October 2004. Revised Rule on Summary Procedure, A.M. No. 02-11-09-SC, effective November 15, 1991, as amended November 25, 2002 Rule on Electronic Evidence, A.M. No. 01-7-01-SC, effective August 1, 2001; Expansion of Electronic Evidence, September 24, 2002 Consolidation of Intellectual Property Courts with Commercial Courts, A.M. No. 03-03-03-SC, effective July 1, 2003 Rule on Fixing the Lifetime of Bonds in Civil Actions, AM. No. 03-03-18-SC, effective September 1, 2003 Raffle and Re-assignment of Cases in Ordinary Courts where the Judge is Disqualified or Voluntarily Inhibits from Hearing the Cases, A.M. No. 03-8-02-SC, dated January 27, 2004, by adding Sec. 8(b), Chapter V, A.M. No. 17-03-36, January 10, 2018, Implemented by OCA Circular No. 100-2018, dated May 21, 2018 Guidelines in the Inventory and Adjudication of Cases Assigned to Judges who are Promoted or 28 Cite As GUIDELINES IN THE ARCHIVING OF CASES Rev. Summary Proc. Rue Evectronic Evin. Rute Commerc Courts Liretime oF Bonps in Cui Actions RULE RAFFLE AND RE- [ASSIGNMENT OF Cases In ORDINARY Courts Rue INVENTORY AND ADJUDICATION OF Cases GUIDELINESPHILIPPINE MANUAL OF LEGAL CITATIONS | Transferred to other Branches in the same Court Level of the Judicial Hierarchy, A.M. No. 04-5-19-SC dated June 8, 2004, as implemented by OCA Circular No. 90-2004 dated | August 11, 2004 ; : 2004 Rules on Notarial Practice, Noraria. Prac. Rue A.M. No. 02-8-13-SC, effective August 1, 2004, as amended on February 19, 2008 Implementing Rules and Regulations, Justice oN WHEELS Justices on Wheels Project, Ipc. Rues A.M. No. 04-6-02-SC, effective August 3, 2004 Rule 141 on Legal Fees as revised Rev. Rutes oF by A.M. No. 04-2-04-SC, effective Court, Rue 141 August 16, 2004, as Amended by A.M. No. 17-12-09-SC, dated January 10, 2018 on Administrative Adjustment on Legal Fees as Implemented by OCA Circular No. 36-2018, dated February 26, 2018 Rule on Guidelines to be Observed by GUIDELINES IN THE Trial Court Judges and Clerks of Conouct OF Pre-TRIAL Court in the Conduct of Pre-Trial and ano Use oF Deposition Use of Deposition and Discovery AND DISCOVERY Procedure, A.M. No. 03-1-09-SC, Proceoure took effect on August 16, 2004 Revised Rules of Criminal Procedure, Rev. Rutes of Crim. Rule 122, Secs. 3 & 10, and Rule 124, Proc., Rue 122, Secs. 12 & 13, A.M. No. 00-5-03-SC, Secs. 3 & 10; effective October 15, 2004 Rute 124, Secs. re: Death Penalty Cases 12 & 13 Rule on Administrative Procedure in Rutes onApm. Proc. Sexual Harassment Cases and in SexuaL HARASS- Guidelines on Proper Work Decorum — ment Cases AND in the Judiciary, A.M. No. 03-03-13-SC, GuiDeuNes effective January 3, 2005 29PHILIPPINE MANUAL OF LEGAL CITATIONS Rules of Procedure in Cases on Civil Forfeiture, Asset Preservation and Freezing of Monetary Instrument, Property or Proceeds . . . Relating to an Unlawful Activity or Money Laundering Offense under RA 9160, as amended, A.M. No. 05-11-04-SC, effective November 20, 2005 Use of Gender Fair Languages, AM. No. 06-8-21-SC, issued September 5, 2008 Rules of Procedure in Election Contests Before the Courts Involving Elective Municipal Officials, A.M. No. 10-4-1-SC, effective May 15, 2010 Rules of Procedure in Election Contests in Municipal and Barangay Elective Officials, A.M. No. 07-4-15, dated May 15, 2007, as Implemented by OCA Circular No. 11-2015 dated January 26, 2015 re: Collection of Fees Rule of Procedure for Intellectual Property Rights Cases, A.M. No. 10-3-10-SC effective November 8, 2011 Amendment of Rule 14, sec. 12 of the Rules of Court on Service upon Foreign Private Juridical Entity, A.M. No. 11-3-6-SC, effective April 8, 2011 Rule on Cybercrime Warrants, A.M. No. 17-11-03-SC, to take effect on August 15, 2018 Rule on DNA Evidence, A.M. No. 06-11-5-SC, effective October 15, 2007 30 Civi Forrerure, Asset PRESERVATION AND FREEZING OF MONETARY. INSTRUMENT, PROPERTY or Proceeos RULE GENDER FAR Laneuace Rue Mun. Orricats Etect. Contests RULE ELection Contests IN Mounicipat AND Barancay ELECTIVE Orriciacs Rue Rute ON INTELLECTUAL Prop. Rts Cases Rev. Rutes oF Courr, Rute 14, sec. 12 CyBercriMe WARRANTS: Rue DNA Evo. RuePHILIPPINE MANUAL OF LEGAL CITATIONS Rule on The Writ of Amparo, Amparo Warr RULE A.M. No. 07-9-12-SC, effective October 24, 2007 Rule on The Writ of Habeas Data, Haseas Dara West Rue A.M. No, 08-1-16-SC, effective January 22, 2008 Special Court Rule on Alternative S. Court Rute on Dispute Resolution, AOR A.M. No. 07-11-08-SC, effective October 30, 2009 Rules of Procedure on Corporate Corp. Rexas. Rute Rehabilitation, A.M. No. 00-8-10-SC, effective January 16, 2009 Rules of Procedure for Environmental nvm. Proc. Ruve Cases, A.M. No. 09-6-8-SC, effective April 29, 2010 Consolidated and Revised Guidelines Rev.CAM&JOR to Implement the Expanded Coverage Rue of Court-Annexed Mediation (CAM) and Judicial Dispute Resolutions (JDR) A.M. No. 11-1-6-SC-PHa, January 11, 2011 Judicial Affidavit Rule, A.M. No. 12-8-8-SC, Juo. ArFioavir RULE effective January 1, 2013 Hustisyeah! Decongesting Philippine Courts Project, A.M. No. 13-04-11-SC, April 16, 2013 HustisyeaH Guidelines on the Selection & Appoint- Setecion ano ment of Executive Judges and APPOINTMENT OF Exec. Defining their Powers, Prerogatives Juoces GuIDeLines and Duties, A.M. No. 03-8-02-SC, June 4, 2013 Rule for the Efficient Use of Paper, Erricient Use oF A.M. No. 11-9-4-SC, June 18, 2013, Paper RULE extended to October 1, 2013 Rules on E-Filing, A.M. No. 10-3-7-SC, E-Fiune Rue September 10, 2013 31PHILIPPINE MANUAL OF LEGAL CITATIONS Guidelines for Decongesting Holding Jails by Enforcing the Rights of the Accused to Bail and Speedy Trial, A.M. No. 12-11-2-SC, March 18, 2014 Financial Liquidation and Suspension of Payments Rules of Procedure for Insolvent Debtors, A.M. No. 15-04-06-SC, April 21, 2015 Protocols and Procedures in the Promulgation, Publication and Posting on the Website of Decisions, Final Resolutions, and Final Orders Using Fictitious Names, A.M. No. 12-7-15-SC as amended and implemented by Adm. Circular No. 83-2015, issued July 27, 2015. Revised Guidelines for Continuous Trial of Criminal Cases A.M. No. 15-06-10-SC, June 30, 2015; as amended on September 1, 2017; re: Applicability to Family Courts and Regional Trial Courts Handling Family Courts cases Guidelines for the Proper Use of the Phrase “Without Eligibility for Parole” in Indivisible Penalties, A.M. No. 15-08-02-SC, effective August 4, 2015 Simplified Guidelines for Disposing of Records of Long-Decided Cases and Unneeded Documents and Papers, A.M. No. 07-3-09-SC, effective November 25, 2014; as Implemented by OCA Circular No. 122-2015, June 23, 2015 Judiciary Development Fund Guidelines, A.M. No. 15-11-12-SC, effective December 16, 2015 32 Deconcestinc Howowne JaiLs Guiveunes Financiat Liauiparion & ‘Suspension oF Pay- ments RULe Prorocots on Postinc In THE SC Wessite Continuous TriaL Guive.ines Non-Euiciauity FOR Parote GUIDELINES DisPosimion oF Recoros Guldetines JDF GuetinesV.P. LAW LIBRARY PHILIPPINE MANUAL OF LEGAL CITATIONS Special Commercial Cases. Expansion of the Cases Cognizable by the Special Commercial Courts to Include all Cases Enumerated under Section 5 of P.D. No. 902-A, Including cases Involving Rehabilitation of Corporations, Partnership and other Associations as well as Intellectual Property Cases and Expansion of Coverage to Include all Cases on Insolvency and Liquidation under the FRIA A.M. No. 03-03-03-SC, dated June 17, 2003, as amended on June 16, 2015 and Implemented by OCA Circular No. 11-2016, January 14, 2016 ‘Specia, COMMERCIAL Cts. Cases Rue Guidelines on Corporate Surety Bonds A.M. No. 04-7-02-SC, as Amended on April 21, 2015 and Implemented by OCA Circular Nos. 102-2015, dated May 27, 2015 & 155-2015 dated July 23, 2015 Corp. Surety Bonos GuideLINEs Designating Certain Branches of Regional Trial Courts to Try and Decide Cybercrime Cases under Republic Act No. 10175, A.M. No. 03-03-03-SC, November 15, 2016 Cysercrime Courts Proper Use of Social Media to all Judges Soci Mena and Court Personnel of First and Proper Use Second Level Courts, OCA GuIDELINEs: Circular No. 173-2017, dated August 17, 2017 Adoption of the Plea Bargaining PLEA BARGAINING IN Framework in Drugs Cases, Drues Cases Rue A.M, No. 18-03-16-SC, dated April 10, 2018 Rules on Precautionary Hold Departure Order, A.M. No. 18-07-05-SC, August 7, 2018 Rev. Rules of Court, Rule 140, as Amended by A.M. No. 18-01-05-SC, effective October 2, 2018, Amending 33 Precaunionary HOLD Departure ORDER Rue Rev. Rutes of Court, Rute 140PHILIPPINE MANUAL OF LEGAL CITATIONS Secs. 3, 6 and 9 on Discipline of Judges of Regular and Special Courts and Justices of the Court of Appeals and the Sandiganbayan, Court of Tax Appeals, Court Administrator, Deputy Court Administrator and Assistant Court Administrator and their personnel re: creation of Judicial Integrity Board and the Corruption and Investigation Office 11.3, Internal Rules of Appellate Courts Internal Rules of the Supreme Court, — Supreme Court INTERNAL A.M. No. 10-4-20-SC, published Rutes May 7, 2010. As amended in the Resolutions dated July 6, 2010, August 3, 2010, January 17, 2012, July 31, 2012, September 18, 2012, March 12, 2013, June 18, 2013, September 10, 2013, November 10, 2015, March 15, 2016, and June 28, 2016. 2002 Internal Rules of the Court of CA Internat Ruces Appeals, A.M. No. 02-6-13-CA, effective August 22, 2002, as amended Revised Internal Rules of the Rev, SANOIGANBAYAN Sandiganbayan, A.M. No. 02-6-07-SB, __InterWaL RULES effective October 1, 2002 Rules of the Court of Tax Appeals, CTARutes A.M. No. 05-11-07-CTA effective December 15, 2005 Rules of the Presidential Electoral PET Rutes Tribunal, A.M. No. 10-4-29-SC, effective May 22, 2010 11.4, Codes of Conduct Code of Professional Responsibility (CPR) promulgated by the Supreme Court on June 21, 1988 34PHILIPPINE MANUAL OF LEGAL CITATIONS Code of Judicial Conduct (CJC) promulgated by the Supreme Court on September 5, 1989 and took effect on October 20, 1989 New Code of Judicial Conduct for the Philippine Judiciary, A.M. No. 03-05-01-SC, promulgated on April 27, 2004 and took effect on June 1, 2004 Code of Conduct for Court Personnel, AM. No. 03-06-13-SC, promulgated on April 23, 2004 and took effect on June 1, 2004 11.5. Rules Affecting the Practice of Law— Bar Matter No. 850, the Mandatory MCLE Rute Continuing Legal Education for Lawyers, effective December 1, 2001, as implemented by B.M. No. 1132, November 12, 2002 and B.M. No. 1922, June 3, 2008, which was amended on January 14, 2014 re Rules for Non- Disclosure of MCLE Compliance, Exemption Number in the Pleadings. amended by S.Ct. Resolution dated February 17, 2015, effective March 1, 2015 re Requirement of all |BP members to file a written entry of appearance indicating their MCLE Exemption or Compliance No. for the current or immediately preceding compliance period and date of issuance Bar Matter No. 1161, Reforms in the Bar Bar Exams Rerorms Examinations, effective July 15, 2004 Bar Matter No. 1755 on Rules of CBD Rutes Procedure of the Commission On Bar Discipline, effective September 26, 2007, as amended on June 7, 2008 33PHILIPPINE MANUAL OF LEGAL CITATIONS Bar Matter No. 2012 on Rule on Mandatory MLAS Legal Aid Service for Practicing Lawyers dated February 10, 2009 (held in abeyance by the S. Ct.) Rule on Community Legal Aid Service, AM. No. 17-03-09-SC, January 4, 2018 (suspended) Bar Matter No. 1153, dated March 9, 2010, Amendments to Secs. 5 and 6 of Rule 138 re: Additional Requirements for Applicants who Graduated from a Foreign Law School Bar Matter No. 2112, dated July 24, 2012, Guidelines for the Re-acquisition of the Privilege to Resume Practice of Law in the Philippines Bar Matter No. 2716, Adopting the Rules for the Special Shari'ah Bar Examinations, July 14, 2015 Bar Matter No. 1645 on Disbarment and Discipline of Attorneys, as amended, October 13, 2015 11.6. Judicial and Bar Council Revised Rules of the Judicial and Bar Council, JBC No. 2016-1, September 20, 2016, effective October 24, 2016 36 CLAS Rute Rutes oF Court, Rute 138, secs. 5 &6, AS AMENDED REAQUISITION OF Prec To Resume Practice of Law Rute Sp. SHarI'aH BAR Exams Rute Rutes or Courr, Rute 139-B JBC Rev. RutesPHILIPPINE MANUAL OF LEGAL CITATIONS Il. SECONDARY SOURCES” 12. Books AND PAMPHLETS — 12.1. General Rule, Generally cited as: volume (if more than one or work belonging to a set), author (complete first name and surname), title of book (as it appears on the title page), page, section or paragraph, edition, and date in parenthesis. Designation such as Jr. or I! should be included after a comma after the surname but disregard titles such as “Dr.," “Justice,” or “Professor” and degrees such as “J.D” and “Ph.D.” Formally printed works of general circulation are cited in large and small capitals. Works not normally printed are cited in regular roman with the title of the book underscored. Always cite the number of the volume in Arabic. Where the edition of a work is known by the name of the editor, or translator, both the number of the edition and the name of the translator are given after the page in parenthesis. In citing an institutional author, name the body preparing the work (if government agency, always include “Phil.” first). Examples: 1 MANUEL Moran, COMMENTS ON THE Rutes oF CourT 195 (6" ed., 1963). 2 StepHanic V. Gomez-Somera, CREDIT TRANSACTIONS; Notes ano Cases 682-684 (2011). 9 J. MerTENS, THE Law OF FEDERAL INCOME TAXATION, § 49, 124 (1965). Eouarvo P. Lizares, ARBITRATION IN THE PHILIPPINES, AND THE ALTERNATIVE DISPUTE RESOLUTION UNDER THE Act oF 2004 315 (2d, ed., 2011). “This section adopts some of the rules in THe UnironM SySTEM OF CITATION with permission granted by the Harvard Law Review Association. 37PHILIPPINE MANUAL OF LEGAL CITATIONS R. MAKHHENKO, THE State Law oF THE Sociatist Countries 271-3 (Strashun ed. 1976). 12.2. If there are two authors, cite their names as indicated in the order found in the title page, separated by an ampersand. Example: 1 Jose Y. Feria & Maria Concercion S. Nocue, Civit Procepure Annotateo 158 (2001). 12.2.1. However, if there are two or more authors, cite, use the first author's name followed by er at.” or list all of the author's names. Examples: Curistian L. Kunz, eT At. THE Process oF LeGat Research, SuccessFut STRATEGIES, 129 (2d ed. 1989). Myrna S. FeLiciano, Carotyn |. SopritcHea, DANTE B. GatmayTan & FLORDELIZA C. VARGAS, GENDER Sensmmivity IN THE Court System; AN Overview 73-117 (2002). 12.2.2. Unattributed (anonymous) works - if no person, organization or institution claims editorial resposibility, begin the citation with the title. Title should be preceded by a double dash (—-). For bibliographical purposes, family name of the author followed by the first name, (in inverted form), the complete title, place of publication, published, and date in parenthesis, and inclusive pages. For anonymous works, list at the beginning of the Bibliography in alphabetical order of the first major word in the title. Example: MacKinnon, CaTHERINE A., Women’s Lives AND MEN'S Laws. Cambridge, Mass, Belknap Press of Harvard University Press (c2005). 558 p. 38PHILIPPINE MANUAL OF LEGAL CITATIONS 12.3. For unofficial reports of cases, cite by volume, abbreviated citation of the Reports as indicated by publisher, page and year. Cite the officia! citation first. See Rule 2.1.4. Example: Dee Ping Wee v. Lee Hiong Wee, G.R. No. 169345, August 25, 2010, 629 SCRA 145 (2010). Some unofficial Philippine Reports: Cite As Court of Appeals Reports Annotated ... Nitafan’s Supreme Court Unpublished Decisions.. Philippine Decision: Philippine Law Decisions . Philippine Law and Jurisprudence... Philippine Reports Annotated Supreme Court Advanced Decisions .. Supreme Court Decisions ... Supreme Court Reports Annotated 12.4. For unofficial collection of statutes and other documents, cite by volume, title, page and year but cite the official citation first in Rule 4.1. Example: IILC.P.S, 586. Some unofficial Philippine Compilation of Laws: Cite As Commonwealth Acts Annotated Philippine Annotated Laws .. Compilation of Permanent Statutes (Philippine Permanent and General Statutes) Public Laws Annotated .. Vital Legal Documents .. 13. CoLLection of Essays oR ARTICLES. 13.1. If all essays or articles are by the same author, his name (first name and surname) and the title of the book are printed in large and small capitals and the title of the 39PHILIPPINE MANUAL OF LEGAL CITATIONS essay or article initalics. If essays are by various authors, their names are printed in regular roman. For typewritten manuscripts, the preceding rule. Examples: Jose P. Lauret, The Crisis of Our Constitutional System, in BREAD AND Freepom 25 (1953). Juan Ponce Enrile, The Tax Treatment of Real Estate Transactions, in 1964 Aspects oF PHILIPPINE TAX Law 81. 14, Periopicat ARTICLES 14.1, General Rule Materials published in periodicals which are paged consecutively through a volume are cited by the name of the author in regular roman, title of the article in italics (underscored if typewritten), volume, name of periodical in large and small capitals using the standard abbreviation, initial page and year in parenthesis. If the part being quoted is found in the middle of the article, ’ always cite the first page of the article and then the particular page where the quoted part is located. For bibliographical purposes, the author's surname | followed by a comma and the author's initial name, the ; title of article (italics) and the inclusive pages of the ‘ periodical title in big and small capitals should be cited. Examples: Florin Ternal Hilbay, Undoing Marriage, 34 IBP J. 73 (March, 2009). Yukiko Ohara Stave, War Crimes Against Women: An Asian Perspective, 2008 Lawasia J. 114-133. 14.2. Periodicals paginated only within each issue are cited in regular roman by date or period of issue. Example: Nasser A. Marohomsalic, The Status and the Rights of Women in Islam: A General Outline, Bar ‘Tripune 9-12 (June, 2012). 40PHILIPPINE MANUAL OF LEGAL CITATIONS 14.3. If an article appears in 2 or more parts, indicate and give the first page of each part. Example: Gonzalo W. Gonzalez, A Critical Survey of Legal Education in the Philippines (pts. 1-2), PxHi. LJ. 54, 102 (1947). 14.4. Symposia or long, multi-authored works are cited as one work, in regular roman unless made clear using the title designated by the publishing periodical. Examples: Symposium on the Anti-Graft Legislation 35 Pxi. LJ. 1471 (1960). Asian Justices Forum on the Environment: Sharing Experiences to Strengthen Environmental Adjudication in Asia, 9 Puitia J. 1-164 (July-Dec., 2009). 14.5. Notes and comments sections are cited by author, title of article, notes or comments in parenthesis, volume, name of periodical, page and year of publication. Example: Victor Africa, Liability of Estafa for Breach of Trusts Receipts (Comment), 43 Pit. L.J. 567 (1968). 14.6. If the article was written by a student author, insert “student author’ after the author's full name in regular roman followed by a comma, and title of the article in itals. \f the name of the student is not listed, begin the citation with “Student Author". Example: Joseh Joemer C. Prez, Student author, Reexamining and LiberalizingThe Class Suit Device, 79 PHI. L.J. 667-708 (2004). 41PHILIPPINE MANUAL OF LEGAL CITATIONS 14.7. List of Philippine legal periodicals and their abbreviations: Title Adamson Law Journal... ASEAN Law Journal .. Ateneo Law Journal . Baguio Colleges Foundation Law Journal The Bar (Official Publication of the Integrated Bar of the Philippines) (formerly The Bar Tribune) Bench Mark; The Official Publication of Supreme Court Public Information Office .... Centro Escolar University Law Journal CEU Schoo! of Law and Jurisprudence Law Journal... Commission on Audit Journal Court Systems Journal Criminal Justice Journal Digital Diplomats Review Dipomars Rev. Far Eastem Law Review Far Easr. L. Rev. Filipino Lawyer .. Fiupino Law. Foreign Relations Journal . For. Ret. J. Foundation Law Review.. Gavel & Robe; Law, Lawyers, and the Founpanon L. Rev. Philippine Legal Scholars Gaver & Rose Human Rights Agenda... Hum. Rrs. AGENDA IBP Journal (formerly Journal of the Integrated Bar of the Philippines) Intellectual Property Law Journal. Journal of the Constitutional Convention of the Philippines Journal of the Philippine Association on Voluntary Arbitration... Judges Journal. Labor Review Lawasia Journal; Journal of the Law Association for Asia and the Pacific .. 42PHILIPPINE MANUAL OF LEGAL CITATIONS Title Cite As Lyceum of the Philippines Law Review M.L.Q. University Law Quarterly Mindanao Law Journal... Monthly Business & Tax Bullet Ly. Pri. L. Rev. MLQU_L.Q. Minoanao LJ. Mon. Bus. & Tax Butt. PHILCONSA J. Pisa Butt. Pui. J. INous. REL. Put. J.L.Lia. Pu. J. Les. Eouc. Philippine Journal of Public Administration Pri. J. Pus. Aom. Philippine Judicial Academy Journal “Prius J. Philippine Labor Relations Journal Pui, Las, Ret. J. Philippine Law Gazette . Pat. L. Gaz Philippine Law Journal . PH. LJ. Philippine Law Report Pai. L. Rep. Philippine Peace and Human.. Pui. Peace & Rights Review Hum. Rs. Rev. Philippine Yearbook of International Law Pr. Yrex. Ine. L. San Beda Law Journal.. . SAN Beoa L.J. Securities and Exchange Commission .S.E.C. Buu. Bulletin Silliman Law Journal .... Studies on Philippine Labor. University of San Carlos Law Review University of Santo Tomas Law Review .. University of the East Law Journal .. University of Manila Law Gazette World Bulletin ..... PHILCONSA Journal PHILJA Bulletin Philippine Journal of Industrial Relations Philippine Journal of Law Librarian: Philippine Journal of Legal Education .. Worvo Butt. 415. NEWSPAPERS 15.1. Materials appearing in newspapers are generally cited in the same manner as those found in nonconsecutively paginated periodical in Rule 14.3. Ifit is an “Editorial” or “Letter to the Editor” print in ordinary regular roman type. Example of Unsigned Article: U.N. Weighs In a Birth Control Debate, Manita Times, August 6, 2012, at A 1-2. 43PHILIPPINE MANUAL OF LEGAL CITATIONS 15.2. Asigned article (but not a news report) is cited by complete author's name and title of article. Example: Paolo Romero, House Leaders To Ensure Quorum During RH Vote, Priippine Star, August 1, 2012, at 5. 16. ANNOTATIONS 16.1. Discussions in case reports cited by volume number, title of case report, page number of the beginning of the annotation, date of publication of the volume. If the annotation is signed and has a distinctive title, follow the rule on periodical article. See Rule 14.1. Examples: Annot., 19 SCRA 280 (1967). Domingo Lucenario, Annotation, Right to Take Deposition at a Former Proceeding, 454 SCRA 477 (2005). 417. Letters, SPEECHES AND INTERVIEWS 17.1. Indicate whether it is a letter or memorandum, the name of the letter writer, and his correspondent or recipient, title of letter writer if any and the date the letter was written. Indicate where the said letter is on file and if published, include citation to a printed work if available and follow Rule 13.1. Example: Letter of Apolinario Mabini to Emilio Jacinto, December 17, 1898 in Letters oF APOLINARIO Maaini 81 (1965). 17.2. For interviews, cite the person interviewed, his designation, if any, place of interview and date. Example: Interview with Manuel C. Roura, Chief of the Polygraph Division, National Bureau of Investigation, Manila, February 18, 1970. 44PHILIPPINE MANUAL OF LEGAL CITATIONS 17.3. For speeches which have no title, cite the speaker, occasion, place and date and if found in a printed work, include the citation to it. For speeches which have titles, follow the rule on periodical article, Rule 14.1. Examples: Address by Justice Cesar Bengzon, 7" Anniversary Celebration of the Bulacan Bar Association Manila. November 8, 1952, 2 Ateneo L.J. 307- 314 (1953). Josue N. Bellosillo, Challenges for the Judiciary in the 21* Century (8" National Convention — Seminar of the Philippine Women Judges Association, Manila Hotel, March 12, 1999), 4 Cr. Systems J. 1 (June, 1999). 18. ENCYCLOPEDIAS 18.1. Indicate the volume number in Arabic, the title of the encyclopedia as abbreviated in the form stated by the publisher (in caps and small caps) the topic (in italics or underscored), the section number or page number and the date of publication in parenthesis. Examples: 86 C.J.S. Telecommunications, § 264 (1997). 81 Am. Jur. 2d Wills § 7 (1976). 19. Loosevear Services 19.1. Cite by volume number (if any) and name of services in abbreviated form, including publisher (when necessary), the page number or the subdivision recommended, by the publisher. If citing text material original in the service, use the date of insertions in the service. Example: Diosdado M. Peralta, Criminal Procedure, 2 BeNcH Book FOR PHILIPPINE TRIAL Courts (REVISED AND Expanvep), J-1-J-99 (Supreme Court, 2011). 45PHILIPPINE MANUAL OF LEGAL CITATIONS 20. CD Roms ano OTHER Etectronic Storace Mevia 20.1. Information found on CD-ROM or other medium of electronic distribution (flash drive, etc.) is usually available in print form, and citation to the print form is preferred. However, if the information is accessed only by electronic storage medium, it should be cited to that medium, Examples: U.P. Women Lawyer's Circle, INc., UNIVERSITY OF THE Pxiuippines, Cottece or Law: 100 Years oF Excettence, 2012 (CD). You Can Make & DiFFeReNce Ill; More Stories FROM Juvenite Court Juoces, 2009), CD-ROM (copy available from 1041 North Virginia, Reno, NV89557; (775) 784-6012). 20.2. When citing CD-ROM or other similar media, include the title of the material, the publisher of the CD- ROM, the version searched, and the date of the material, if available, or the date of the version searched. The information may be provided in a source-date parenthetical or, if the information is voluminous, as related authority. Example: THeopore Te, Lecat Forms (CDASIA, CD ROM) Sept. 2002. 21. Book Reviews 21.1. Cite by name of the reviewer, book review, volume number, title of periodical (in abbreviated form) page number and year of publication in parenthesis. Example: Jorge R. Coquia, Book Review, 48 PHit. L.J. 696 (1973). (reviewing Melquiades J. Gamboa, A Dictionary of International Law and Diplomacy (1973). 46PHILIPPINE MANUAL OF LEGAL CITATIONS 22. INTERNET SOURCES" The Bluebook requires the use and citation of traditional printed sources when available, unless there is a digital copy of the source available that is authenticated official, or an exact copy of the printed source. When an authenticated official or exact copy of a source is available online, citation can be made as if to the original print source (without any URL information appended). But if the cited information is available in print but such copies are practically unavailable, citation should be made as if to the printed source, but indicating the online citation of the copy used by appending the URL (Uniform Resource Locator) directly at the end of the citation. But even if a printed source is available, a parallel citation to an electronic source in related authority may be appropriate where it would substantially improve access to the relevant information. In this case, citation should be made first to the printed source and then separately to the electronic source introduced with the explanatory phrase “available at.” An Internet source may be cited directly when it does not exist in a traditional format or when a traditional printed source, such as a letter or unpublished dissertation exist but cannot be found or is so obscure that it is practically unavailable. All efforts should be made to cite to the most stable electronic available. The Internet citation should include information designed to facilitate the clearest path of access to the citation reference including the title, pagination, and publication as they appear in the webpage. The Internet URL should be separated by comma, and appended to the end of the citation (That is not preceded by “available at’ or “at’). “This part adopts the Guidelines prescribed in THe BLueBook; AUNiFoRM ‘System oF Citanion (19 ed., 2011). 47PHILIPPINE MANUAL OF LEGAL CITATIONS (a) Author When available, provide name of author in ordinary roman type. When there is no author, omit the author's name unless there is a clear institutional owner of the domain. Example: Philippine Stock Exchange, Inc. Stock Information: Holim Philippines, Inc. (HLCM). (January 29, 2005, 10:04 am), http://www.pse.org.ph. (b) Title Title (in italics) should be used to indicate the location of the page being viewed in relation to the rest of the site. Capitalization should conform to the title as it appears on the website. Example: Poll Finds Worldwide Agreement That Climate Change is A Threat, http:/worldpublicopinion.org/pipa/ articles/home_page/329.php. (c) Date and Time The date should be provided as it appears on the Internet site. Use only dates that refer clearly to the material cited. The date should be specified after the main page title and any pinpoint citation. If there is no date indicated with the subject matter of the citation, “last updated” or “last modified” should be supplied (dates in parenthesis). Blogs and other dynamic sites that are updated frequently should include a time-stamp whenever possible. Examples: Michael Szabo, Kyoto Co2 project scheme seen swayed by politics, Reuters, 3 June 2008, http:/ Awww.reuters/articles idUSLO38337920080603? Dorothy C. Wertch, Cloning Humans: |s it Ethical? Gene Letter, March 1, 1997, http:// www.geneletter.com/archives/cloning1.html (last visited 4 February 2002) 48PHILIPPINE MANUAL OF LEGAL CITATIONS (d) The URL (Uniform Resource Locator) Asite’s Internet address or URL, should point readers. directly to the source cited rather than to an intervening page of links. If the URL is straight forward, then cite the URL as it appears in the address bar of the browser. Example: Findlaw, http://www.findlaw.com.(last visited 24 November 2009). (e) Parallel citations to Internet Sources Even when a source is available in a printed medium, a parallel citation to an Internet source with identical content maybe provided if it will substantially improve access to the source cited. The parallel citation should be introduced with the explanatory phrase: “available at.” Example: Judith S. Kaye & Jonathan Lippuan, Report on the Pro Bono Activities of the New York State Bar 12 (Albany, N.Y.: New York State Unified Court System, 1999), available at http:/Awww.courts. state n.y. u.s/probono/pbrpt.htm. 22.1. In General The full citation format to the World Wide Web are as follows: Author or Owner's name, Title, pinpoint reference (such As section or paragraph number, if any), The URL, (access or update information), exact date. Example: Francis Block and Vijayendra Rao, Terror as a Bargaining Instrument: A Case Study of Dowry Violence in Rural India Policy Research Working Paper 2347, http://wbIn0018, worldbank.org/ research/workpapers. Nsf/policyresearch? openforum (2000). 49