WRITING ETHICS

JUDGE ELISA R. SARMIENTO-FLORES

Regional Trial Court, Branch 71, Pasig City
Professorial Lecturer I, Philippine Judicial Academy
HONESTY AND INTEGRITY IN LEGAL
WRITING AND PLAGIARISM-
COMMON PITFALLS
PLAGIARISM, DEFINED

The deliberate and knowing

presentation of another
person's original ideas or creative
expressions as one's own.

• Black’s Law Dictionary (9th ed.

2009) p. 1267, col. 1.)
 PLAGIARISM COMMON PITFALLS

• Unclear definition of what

plagiarism is.
• Lapse of judgment, “I know I
made a mistake but it won’t
happen next time.”
PLAGIARISM COMMON PITFALLS

• Made a lot of notes for essay and cannot

remember where information was found.
Ineffective method of note taking.
• Not enough time to make a reference
page
 IN THE ABSENCE OF A DELIBERATE AND KNOWING
PRESENTATION OF ANOTHER PERSON’S ORIGINAL
IDEAS AS ONE’S OWN…
• But, as the Court said, the evidence as found by its Ethics Committee
shows that the attribution to these authors appeared in the
beginning drafts of the decision. Unfortunately, as testified to by a
highly qualified and experienced court-employed researcher, she
accidentally deleted the same at the time she was cleaning up the
final draft. The Court believed her since, among other reasons, she
had no motive for omitting the attribution. The foreign authors
concerned, like the dozens of other sources she cited in her research,
had high reputations in international law.

• A.M. No. 10-7-17-SC, February 8, 2011.

 HOW TO AVOID PLAGIARISM
(content from Indiana University)
To avoid accusations of plagiarism, give credit whenever you use:
• another person’s idea, opinion, or theory;
• any facts, statistics, graphs, drawings—any pieces of information—
that are not common knowledge;
• quotations of another person’s actual spoken or written words; or
• paraphrase of another person’s spoken or written words.
 HOW TO AVOID PLAGIARISM
(content from Indiana University)
Other tips include:
• Keep track of the source of information or ideas that you find in the
publications/works of others (author, article title, journal name, book
publisher, publication date).
• Record the URL where you found information and the date when you
accessed the website.
• Don't get rid of the above information until the paper has been
graded.
• Be sure to cite your sources properly.
RULES FOR ATTRIBUTIONS AND IN-
TEXT CITATION AND THE PHILIPPINE
CITATION SYSTEM
REFERENCES, WORKS CITED, BIBLIOGRAPHY,
DEFINED
• It refers to the bibliographical
information authors provide so
readers can follow up and read
more about a subject.
• Bibliographical Information: the
author names; source/date of
publication).
 ATTRIBUTION, DEFINED

• Attribution refers to the process of giving authors credit for their

ideas, words, and other creative media. People acknowledge their
indebtedness to the ideas and creations of other people informally
in daily conversations.
• When writers attribute sources, they use citation.
CITATION, DEFINED
A citation refers to information about
where a source is from and who
authored the source. People cite sources
•when they mention someone else’s
ideas, words, and other creative media.
•when they quote directly from
someone’s writing or spoken texts
•when they paraphrase a text
•when they summarize a text.
 WHY IS CITATION NECESSARY?
Citation is particularly essential in the legal profession because
legal analyses depend on the examination of binding rules and
norms. Thus, it is imperative to determine with precision
what these rules and norms are. Citation facilitates this
determination.
Use charts
THREE to explain
PURPOSES your ideas
OF CITATION

2. 3.
1. Allows Helps readers
Provides proper identify the
support or attribution sources for
contrast to of non- further study
assertions. original and research.
input.

15
HOW TO CITE LEGAL SOURCES
 A. Primary Sources
1. COURT DECISIONS

1.1. General Rules on Case Names - Cite by giving surname of the parties volume, title
and page of reports and year of promulgation.

• Example: Aquino v. Blanco, 79 Phil 647 (1947).

• If not using Philippine Reports, indicate G.R. No. and Date
• If two or more actions are consolidated in one decision, cite the first listed but
include all the docket numbers if it is G.R. citation only.

• Example: Hapili et al. v. Court of Industrial Relations, G.R. Nos. 24864, 27773,
30110, 38655, May 30, 1996.
• Exceptions: cite wholly Islamic and Chinese names in full
 CASE TITLE
• Cite cases by giving the surname of the opposing parties first mentioned.

• Islamic, Chinese, and compound names which must be cited in full.)

• Ex. Lim Sian Tek v. Ladislao

• Ex. People v. De Guzman

• Cite names of corporations, associations, business firms, and partnerships in

full. Words forming part of such names may be abbreviated, except the first
word.

• Ex. Mata v. Rita Legarda, Inc.

 CASE TITLE
1.2. Case Reports - Cite G.R./ docket no. and date before the O.G. citation

Example:
• Espiritu v. Riverte, G.R. No. 17092, September 30, 1963, 62 O.G. 7226 (October, 1963).
• (See Fundamentals of Decision Writing for Judges)

1.3. Administrative Decisions:

• After the title of the case, cite the name of the agency in abbreviated form or acronym case
number and date of promulgation.

Example:
• In re: Colocado, C.S.C. Administrative Case No. R-27182, September 29, 1964.
 2. STATUTORY MATERIALS

2.1 Constitution –

• A. Constitutional Text: Cited by reference to article, section and paragraph.

• Example: Consti., Art VII, Sec. 1. Const. (1936), Art. III, Sec. 1, par. (3).
• When no longer in force, enclose the year in parentheses.

• B. Constitutional Proceedings
• In the footnote, cite the constitutional record and journal by reference to the
volume in roman; followed by the words RECORD, CONSTITUTIONAL
COMMISSION OR JOURNAL, CONSTITUTIONAL COMMISSION; page no., (date)
 SESSION LAWS
• Citation of source e.g. Public Laws, Laws and Resolutions, Vital Documents or Official
Gazette is not required.

• Examples: a. Public Laws, 1900 - 1934. Cite as: Act No. 1160 (1904), art. 3.

• In the footnote, cite session laws by referring to the law followed by the year of
effectivity in parentheses, and the specific article or section.
 SESSION LAWS
• b. Commonwealth Acts. 1935-1946.
• Cite as Com. Act No. 62 (1936).

• c. Presidential Decrees 1972-1986.

• Cite as: Pres. Decree No. 603 (1976).

• d. Batas Pambansa, 1984-1986.

• Cite as: B.P. Blg. 80 (1981).

• e. Republic Acts, 1946 - 1972; 1987 to date

• Cite as: Rep. Act No. 1792 (1967) sec. 2.
 SESSION LAWS
• 2.3. Codes
• As a general rule, cite the name of the code, article, number and section, (if
any) without any indication of date. But when the code is no longer in force
or has been subsequently revised, put in the year of effectivity in
parenthesis.

• Examples:
• Civil Code , Art. 297.
• Civil Code (1889), Art. 67. Rev. Penal Code, art. 12.
• If provisions not numbered continuously, use headings, from general to specific,
followed by the particular article or section
• Ex. Administrative Code, Book IV, Title 1, Chapter 9, Sec. 29.
 BILLS, RESOLUTIONS AND COMMITTEE
REPORTS
• Examples:

• Senate No. 5, 6th Congress, 1st Session (1966).

• House Res. 2, 6th Congress, 3rd Session (1966).
• Comm. on National Defense, H. Rep. 28, 5th Congress, 1st Session (1962).
• Cite the legislative record and journal by reference to the volume in roman
numerals; followed by the words RECORD or JOURNAL, HOUSE or SENATE; the
specific Congress; the session number; the page number; and the date of
deliberation in parentheses.

• Ex. II Record, House 6th Congress 1st Session 24 (June 24, 1966).
 TREATIES AND INTERNATIONAL
AGREEMENTS
• Include name of the treaty or agreement, date of signing, the parties, the
subdivisions referred to (if any), and the source
• Other relevant dates and a statement of their significance may be added in
parentheses at the end of the citation.
• Examples:
• Treaty of Friendship with India, July 11, 1952 (1953) II-2 D.F.A.T.S., 2 P.T.S. 797, 203
U.N.T.S., p 73.
• International Convention for the Elimination of All Forms of Racial Discrimination,
opened for signature December 21, 1965, 660 UNTS 195 (effective January 4,
1969).

• Use a shorter or popular name for subsequent citations.

• Ex. “Genocide Convention” for the Convention on the Prevention and Punishment
of the Crime of Genocide
 PRESIDENTIAL ISSUANCES

• The source should be cited

• Cite executive and administrative issuances by referring to the issuance followed by

the year of effectivity in parentheses, and the specific article or section.

• Examples:
• Exec. Order No. 329 (1950), 46 O.G. 2035 (July, 1950)
• Proc. No. 784 (1961) 57 O.G. 7122 (Sept. 1961)
• Gen. Order No. 39 (1972).
• L.O.I. No. 230 (1972).

• 2.7 Opinion of the Secretary of Justice

• Example: Sec. of Justice Op. No. 271, s. 1982.
 ADMINISTRATIVE RULES AND
REGULATIONS
• Rules and Regulation are cited by name of agency (use abbreviation or acronym)
together with the designation employed in rules (e.g., Adm. Order, Bulletin, Circular,
Rules and Regulations), serial number, year of promulgation in parentheses, and the
section or paragraph.

• Example: DCI (Cooperatives) Adm. Order No. 1 (1963).

• Where the promulgating agency is a Department, indicate where appropriate, the

implementing bureau or office.

• Ex. Department of Environment and Natural Resources (forestry) Administrative

Order No. 26 (1976).
• Labor Employment Service Regulation No. 3 (1966).
 ORDINANCES AND COURT RULES

• Cite provincial, city and municipal ordinances in the following manner:

• Name of the local government unit

• Serial number of ordinance
• Date of adoption

• Example: Manila Ordinance 6120, January 26,1967

• Court Rules:

• RULES OF COURT, Rule 130, sec. 2 par. (a)

• RULES OF COURT (1940), Rule 19, sec. 7 par. (b)
 B. SECONDARY MATERIALS
1. Books:

Examples:
• J.R. COQUIA & M.D. SANTIAGO, INTERNATIONAL LAW 625 (2nd edition,
1993).
• P. Agabin, Globalization and the Judicial Function, in ODYSSEY AND LEGACY:
THE CHIEF JUSTICE ANDRES R. NARVASA CENTENNIAL LECTURE SERIES,
October 1, 1998 to November 26, 1998, 130-154 (1998).
• I M. MORAN, COMMENTS ON THE RULES OF COURT 195 (6TH Edition, 1963).
 B. SECONDARY MATERIALS

2. Periodical Articles:

• A.T. Muyot, Amnesty in the Philippines: The Legal Concept as a Political

Tool, 69 PHIL. L.J. 64(Sept. 1994).

3. Encyclopedias

• 81 AM, JUR. 2d WILLS, s. 70 (1976) citing Smith v. Landis, 47 Wash. 2d 62

(1970)
 INTERNET SOURCES
• Articles

• Author(s), Title, (Year), volume (issue), Journal Title, article reference page,
<Uniform Resource Locator> [paragraph pinpoint]
• Note: The article reference is an identifier that some electronic journals
use, in addition to the article title.

• Example:
• L. Innes, 'Aboriginal Rights and Interpretative Responsibility (1997) 4 (3)
Env. Law <http://www.murdoch.edu.au/claw/>[15]-[18] and date of
downloading of data

1
/
1
9
31
/
 INTERNET SOURCES: BLUEBOOK

• 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.
• In which case, citation can be made as if to the original print source without
URL information
• But if print copies are practically unavailable, citation should be made as if
to the printed source, but indicating the online citation as the copy used by
appending the URL at the end.
 ELECTRONIC CITATIONS

Citations making specific reference to an electronic source are

necessary ONLY when the cited material is not widely
available from multiple sources and when identifying the
electronic source is likely significantly to aid reader’s access to
it.

• Use “available at” after the citation to the printed source

 ELECTRONIC CITATIONS

If printed material available, use electronic source as parallel

citation for quick retrieval

Electronic source alone is provided when there is no printed

source or if the printed source is not readily available.
 REFERENCE MATERIALS
• Lecture of Atty. Laura del Rosario on Legal Research and Writing Ethics
• Joseph M. Moxley , Attribution, Citation, References,
• University Library, URL: https://researchguides.uic.edu/etds
• Prof. Myrna S. Feliciano, Philippine Manual of Legal Citations, 9th edition
• Legal Citation Guide, Ateneo Law Journal, 4th Edition