LEGAL RESEARCH by Rufus B. Rodriguez
Just and obligatory
-imposes a duty to obey
I. INTRODUCTION
1. Legal Research, Defined
-It is the process of finding the law, rules and regulations that
govern activities of human society. It is also defined as the
investigation for information necessary to support legal decision
making.
Promulgated by legitimate authority
-by the legislature
Common observance and benefit
-observed by all for the benefit of all
3. Sources of Laws
2. Legal Research, Importance
-To provide competent representation* and uphold the standards of
the legal profession
*requires the legal knowledge, skill, thoroughness and preparation
reasonably necessary for representation.
Constitution
Legislation, Administrative or Executive Acts
Judicial Decisions or Jurisprudence
Customs
4. Effectivity of Laws
3. Legal Research, Sources
-Involves the use of a variety of printed* and electronic sources.
*constitution, statutes, court decisions, administrative rules and
scholarly commentaries
4. Legal Research and Bibliography, Distinguished
-Legal Research is the method or system of inquiry and investigation
involving the actual use of the law books, while Legal Bibliography is
concerned with the study of the materials essential to the inquiry of
the researcher.
Legal Bibliography, Defined
-It is generally defined as the science or study of law books, their
history, evolution and description, their characteristics and use,
including such details as their authors, publishers, dates, editions
and degree of authoritativeness.
5. Legal Bibliography, Importance
-The efficient use of law books can only be learned by study and
application. It is an aid in the process* of analyzing a legal question.
*where to find the law, in what book, and how
6. Legal Research and Bibliography, Aim
-In order to provide legal basis for a claim, one must present for
consideration the authority which must be applied, and which the
court is bound to apply.
7. Sources of Law
Primary Sources
-recorded laws and rules which will
be enforced by state
*legislative actions, codes, statutes, judicial decisions, administrative
laws (IRR)
Secondary Sources
-publications that discuss or analyze
legal doctrine
*treatises, commentaries, encyclopedias, legal writings (Academic
Journals, IBP Journal & Lawyers Review)
Finding Tools
*SCRA Quick-Index Digest, Phil Juris & Lex Libris
II. LAWS
1. Law, Defined
-A rule of conduct, just and obligatory, promulgated by legitimate
authority for the common observance and benefit
2. Characteristics of Law
Rule of conduct
-guidelines of what to do or not to do
Art. 2, Civil Code. Laws shall take effect after 15 days upon
completion of their publication in the Official Gazette, unless
otherwise provided.
*EO 200 – in newspaper of general circulation
Tañada vs Tuvera
136 SCRA 27
FACTS: Invoking the right of the people to be
informed on matters of public concern as well as the
principle that laws to be valid and enforceable must
be published in the Official Gazette, petitioners filed
for writ of mandamus to compel respondent public
officials to publish and/or cause to publish various
presidential decrees, letters of instructions, general
orders, proclamations, executive orders, letters of
implementations and administrative orders.
The Solicitor General, representing the respondents,
moved for the dismissal of the case, contending that
petitioners have no legal personality to bring the
instant petition.
ISSUE: W.O.N. publication in the Official Gazette is
required before any law or statute becomes valid
and enforceable.
HELD: Art. 2 of the Civil Code does not preclude the
requirement of publication in the Official Gazette,
even if the law itself provides for the date of its
effectivity. The clear object of this provision is to
give the general public adequate notice of the
various laws which are to regulate their actions and
conduct as citizens. Without such notice and
publication, there would be no basis for the
application of the maxim ignoratia legis nominem
excusat. It would be the height of injustive to punish
or otherwise burden a citizen for the transgression
of a law which he had no notice whatsoever, not
even a constructive one.
The very first clause of Section 1 of CA 638 reads:
there shall be published in the Official Gazette…. The
word shall therein imposes upon respondent
officials an imperative duty. That duty must be
enforced if the constitutional right of the people to
be informed on matter of public concern is to be
given substance and validity.
The publication of presidential issuances of public
nature or of general applicability is a requirement of
due process. It is a rule of law that before a person
may be bound by law, he must first be officially and
specifically informed of its contents. The Court
L E G A L R E S E A R C H 1 | PLATON
declared that presidential issuances of general
application which have not been published have no
force and effect.
Tañada vs Tuvera
146 SCRA 446
FACTS: This is a motion for reconsideration of the
decision promulgated on April 24, 1985.
Respondent argued that while
publication was necessary as a rule, it was not so
when it was otherwise as when the decrees
themselves declared that they were to become
effective immediately upon their approval.
ISSUES: W.O.N. a distinction be made between laws
of general applicability and laws which are not as to
their publication; and W.O.N. a publication shall be
made in publications of general circulation.
HELD: The clause unless it is otherwise provided
refers to the date of effectivity and not to the
requirement of publication itself, which cannot in
any event be omitted. This clause does not mean
that the legislature may make the law effective
immediately upon approval, or in any other date,
without its previous publication.
Laws should refer to all laws and not only to those
of general application, for strictly speaking, all laws
relate to the people in general albeit there are some
that do not apply to them directly. A law without
any bearing on the public would be invalid as an
intrusion of privacy or as class legislation or as an
ultra vires act of the legislature. To be valid, the law
must invariably affect the public interest eve if it
might be directly applicable only to one individual,
or some of the people only, and not to the public as a
whole.
All statutes, including those of local application and
private laws, shall be published as a condition for
their effectivity, which shall begin 15 days after
publication unless a different effectivity date is fixed
by the legislature.
Publication must be in full or it is no publication at
all, since its purpose is to inform the public of the
content of the law.
Article 2 of the Civil Code provides that publication
of laws must be made in the Official Gazette, and not
elsewhere, as a requirement for their effectivity.
The Supreme Court is not called upon to rule upon
the wisdom of a law or to repeal or modify it if it
finds it impractical.
The publication must be made forthwith, or at least
as soon as possible.1
Umali vs Estanislao
209 SCRA 446
FACTS: RA 7167, providing additional exemptions to
taxpayers, was signed and approved on December
99 with the clause shall take effect upon its
approval and was published on January , 99 in
Malaya, a newspaper of general circulation.
Petitioner filed a Petition for Mandamus to compel
the Secretary of Finance and the CIR, herein
respondents, to implement RA 7167.
ISSUE: W.O.N. RA 7167 took effect upon its approval
or after 15 days upon its publication and if it covers
taxable income for year ended 1991.
HELD: RA 7167 took effect on January 30, 1992,
after 15 days upon publication and not upon its
approval on December 1991 because the effectivity
clause is defective. In the second issue, looking into
the contemporaneous
legislative intent, the Act was intended to adjust the
poverty threshold level at the time said Act was
enacted and not in the future.
Fariñas vs Executive Secretary
417 SCRA 503
FACTS: RA 9006, The Fair Election Act, was signed
into law by President Arroyo. Petitioners, members
of the Minority of the House of Representatives, filed
a Petition to declare said Act unconstitutional
because it violated Sec. 26, Article 6 of the
Constitution requiring every law to have only one
subject which should be expressed in its title.
Moreover, it is violative of the Due Process Clause of
the Constitution with regards to Sec. 16 which states
that This act shall take effect immediately upon its
approval .
HELD: The effectivity clause of RA 9006 is defective,
but it does not render the entire law defective.
Under the case of Tañada vs Tuvera, the phrase
unless otherwise provided refers to the date and
not to publication, which is indispensable.
La Bugal-b laan Tribal Association, )nc. vs Ramos
421 SCRA 148
FACTS: On July 25, 1987, two days before the
convening of the First Congress, President Aquino,
in her exercise of legislative power during the
Provisional Constitution, issued EO 279 with the
clause shall take effect immediately . EO 9 was
published on August 3, 1987.
ISSUE: W.O.N. EO 279 violated EO 200 where a law
shall take effect after 15 days following its
publication and W.O.N. legislative powers of the
President ceased to exist upon the convening of the
First Congress two days after EO
9 s issuance,
thereby making such issuance invalid.
HELD: EO 279 is an effective and validly enacted
statute. There is nothing in EO 200 that prevent a
law from taking effect on a date other than, or
before, the 15-day period after its publication. The
15-day period only applies to those laws that do not
provide for its own effectivity date. When EO 279
was published, it became immediately effective
upon its publication. On EO
9 s validity, it was
issued before the convening of the First Congress
therefore the President was validly exercising her
legislative powers.
5. Classification of Laws
Natural Law
-divine inspiration in man, derives its force and
authority from God. Binding to the whole world
A. Physical Law
-universal rule of action that governs the
conduct and movement of things i.e law of
gravitation
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1 Source: Internet
L E G A L R E S E A R C H 2 | PLATON
B. Moral Law
C. Divine Law
-establishes what is right and what is wrong as
dictated by human conscience
-divine positive law 10 commandments; divine
human positive law, enacted by man for their
general welfare
Others
Prospective
Retrospective
B. Private Law
-Constitutional Law, the fundamental law of the
land which defines the powers of the
government;
Administrative
Law,
fixes
organization and its functions; International
Law, regulates the community of nations
- Substantive, creates duties, rights; and
Procedural, means & methods in courts
before
Repealing
Amendatory
-revokes or terminates another statute
-addition to the original law for improvement
(modifies or qualifies)
Reference
-refers to other statutes and make them
applicable to the subject of the new legislation
-establishes its meaning & correct construction
Positive Law
A. Public Law
-operates after it takes effect
-affects acts already committed
effectivity
Declaratory
Statutes Proper, Parts
Title
-gives the general statement of the subject matter
III. STATUTES
1. Statute, Defined
-A written will of the legislature expressed according to the form
necessary to constitute it a law of the state and rendered authentic
by certain prescribed forms and solemnities
2. Classes of Statute Law
Preamble
-states the reason for, or the objects of the
enactment
Enacting Clause
-indicates the authority which promulgates the
enactment
Body
-contains the subject matter of the statute and
shall embrace only one subject
Provisos
-acting as a restraint upon or as qualification of
the generality of the language which it follows
A. The 1987 Constitution
Constitution, Defined
-The fundamental law or supreme law of the land promulgated by
the people. A law, to which all other laws must conform
-The written instrument by which the fundamental powers of the
government are established, limited and defined and by which these
powers are distributed among the several departments for their safe
and useful exercise for the benefit of the people
Interpretative Clause
Repealing Clause
Saving Clause
B. Treaties and International Agreements
Treaty, Defined
-An agreement between or among states which generally governs
their mutual conduct with one another
Separability Clause
C. Statutes enacted by the Legislature
Statute Proper, Kinds
Date of effectivity
-legislature defines its own language
or prescribes rules for its
construction
-announces the legislative intent to
terminate or revoke another statute
-restricts a repealing act and
preserves existing powers, rights
and pending proceedings from the
effects of the repeal
-if for any reason, any section or
provision
is
held
to
be
unconstitutional or invoked, the
other section or provision of the law
shall not be affected thereby.
-when the law shall take effect (Article 2
of the Civil Code)
As to nature
Penal
Remedial
Substantive
Labor
Tax
-imposes punishment of an offense
-remedy former laws, reform or extend rights
-creates, defines, regulates the rights and
duties of parties
-welfare of laborers, governs employeremployee relationship
-exaction of money from the state to achieve
legislative or general objective
As to application
Mandatory
-non-compliance renders act void or illegal
Directory -non-compliance does not invalidate act
As to performance
Permanent
Temporary
As to scope
General
Special
Local
Note:
*TITLE must have only one subject to prevent hodge-podge or logrolling legislation, to prevent surprise or fraud, and to fairly apprise
the people of the subject of legislation
Hodge-Podge, Defined
-A mischievous legislative practice of embracing in one bill several
distinct matters, none of which, perhaps, could singly obtain the
assent of the legislator, and then procuring its passage by a
combination of the minorities in favour of each of the measure into a
majority that will adopt them all
-Objective: to unite the legislators who favour any one of the
subjects in support of the whole act. VOID
-continues in performance until altered or
repealed
-fixed for a specified period
-applies to persons, entities, things as a class
omitting no one
-particular persons, entities, things
-specific, within territorial limits
Test of sufficiency of title: indicates in broad but CLEAR terms in
nature, scope and consequences of the proposed law and its
operation
In case of doubt as to the sufficiency of the title, the presumption is in
favour of the validity of the acts
L E G A L R E S E A R C H 3 | PLATON
Lidasan vs COMELEC
21 SCRA 496
FACTS: RA 9 An Act Creating the Municipality of
Dianaton in the Province of Lanao del Sur was
signed into law consisting of 21 barrios, 12 of which
are from the municipalities of Parang and Buldon,
province of Cotabato. The Office of the President
recommended the COMELEC to suspend the
operation of the statute until clarified.
Notwithstanding, the COMELEC declared that the
statute should be implemented unless declared
unconstitutional by the SC. Hence the petition for
certiorari and prohibition filed by Bara Lidasan, a
resident and taxpayer of the detached portion of
Parang, Cotabato and a qualified voter.
HELD: RA 4790 is unconstitutional because it
violates the provision that no bill which may be
enacted into law shall embrace more than one
subject which shall be expressed in the title of the
bill
Two-pronged purpose combined in one statute: It
creates the municipality of Dianaton purportedly
from 21 barrios in the towns of Butig and Balabagan,
both in the province of Lanao del Sur; and It also
dismembers two municipalities in Cotabato, a
province different from Lanao del Sur
RATIONALE: Title to be couched in a language
sufficient to notify the legislators and the public and
those concerned of the import of the single subject
thereof.
A title which is so uncertain that the average person
reading it would not be informed of the purpose of
the enactment or put on inquiry as to its contents, or
which is misleading, either in referring to or
indicating one subject where another or different
one is really embraced in the act, or in omitting any
expression or indication of the real subject or scope
of the act, is bad.
*PREAMBLE does not create right nor grant any right, not a source
of government power, not an essential part of a statute (Whereas)
RATIONALE: The rule of ejusdem generis does not
apply to PD 772 where the intent of decree is
unmistakable.
Aglipay vs Ruiz
64 SCRA 201
FACTS: Mons. Aglipay sought an issuance of
prohibition from the court to prevent Director of
Posts from issuing and selling postage stamps
commemorative of the 33rd International Eucharistic
Congress which violates the provision that no
public money or property shall ever be
appropriated, applied or used, directly or indirectly,
for the benefit, or support of any sect, church,
denomination… or the principle of separation of
church and state.
HELD: Petition denied. RA 4052 which appropriates
a sum of P60,000 for the said stamps contemplates
no religious purpose in view. Stamps were not
issued and sold for the benefit of the Roman Catholic
Church; nor money derived from the sale given to
that church. Moreover, what is emphasized is not
the Eucharistic Congress itself but Manila as the seat
of that congress.
RATIONALE: What is guaranteed by our
Constitution is religious liberty and not mere
religious toleration. Religious freedom, as a
Constitutional mandate, is not inhibition of profound
reverence for religion and is not a denial of its
influence in human affairs
*BODY consists of only one subject, as long as the provisions are
allied and germane to the subject
*SEPARABILITY CLAUSE if so mutually dependent and connected, or
intended as a whole, nullity of one part vitiates the rest
*DATE OF EFFECTIVITY publication in the Official Gazette, condition
for their effectivity1, except those interpretative regulations and
those internal in nature
D. Administrative Rules and Regulations
E. Ordinances enacted by the Autonomous Regions
People vs Echaves
95 SCRA 663
FACTS: Fiscal Ello filed before the lower court
separate informations against 16 persons charging
them with squatting penalized by PD 772. The
informations were dismissed on the grounds that
(1) entry should be by force, intimidation or threat
and not through stealth and strategy as alleged; (2)
PD 772 does not apply to the cultivation of a grazing
land. Motion for consideration was likewise denied.
The phrase and for other purposes in the decree
does not include agricultural purposes because its
preamble does not mention the Secretary of
Agriculture and makes reference to the affluent
class. Hence, the appeal to this Court.
(ELD: Lower court s decision affirmed. The decree
does not apply to pasture lands because its
preamble shows that it was intended to apply to
squatting in urban communities or more
particularly to illegal constructions in squatting
areas made by well-to-do individuals. The squatting
complained of involves pasture lands in rural areas.
On the other hand, it is punished by RA 947
F. Ordinances enacted by Local Government Units
3. Philippine Legislative System
4. When a Bill becomes a Law, Process
* Proposal to the committee
* 1st reading (in session, read title, author, synopsis)
* Referred to appropriate committee
* 2nd reading (debate, interpolation, amendment, finalize)
* Endorse to plenary
* 3rd reading (Vote via Viva Voce or Roll-call, Yeas or Nays)
* Second Committee (Repeat steps 2-6)
Harmonization of the bill, if necessary:
* Parallel reading between house and senate
-Bicameral Conference Committee (3rd House of Congress)
* Enrolled Bill
*signed by Senate President and Speaker of the House
* Submit to President for approval (approve/ veto/ lapse into law)
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1 Tañada vs. Tuvera, 136 SCRA 27
L E G A L R E S E A R C H 4 | PLATON
5. Civil Law and Common Law System, Distinguished
-With respect to laws, the former are written laws at the time it was
crafted while the latter are laws handed down by elders through
memory of men, originally unwritten then codified. In the former,
judges only interpret the laws because the legislature has the
exclusive power of promulgating such; while in the latter judges
may legislate.
(4) Statement of facts
(5) Abstracts of briefs of counsels (Arguments)
(6) Opinion of the court
(7) Dispositive portion (decision) of the case
(8) Separate Dissenting or Concurring Opinion of Justices
IV. CASE LAW
5. Effect of Decided Case (of the Supreme Court):
1. Case Law, Defined
-the decisions, interpretations made by judges while deciding on the
legal issues before them which are considered as the common law or
as an aid for interpretation of a law in subsequent cases with similar
conditions. Case laws are used by advocates to support their views
to favor their clients and also it influences the decision of the
judges.1
(1) An authoritative settlement of the particular controversy before
it; and
(2) As a precedent for future cases
-it comes from judicial authorities of the state and is the 2 nd major
category of primary sources of law
NOTE: Per curiam - Report agreed upon by all justices
6. Res judicata, Defined
-a matter adjudged, judicially acted upon or decided, or settled by
judgment. It provides that a final judgment on the merits rendered
by a court of competent jurisdiction is conclusive as to the rights of
the parties and their privies; and constitutes an absolute bar to
subsequent actions involving the same claim, demand or cause of
action
2. Classes of Case Law
7. Requisites of Res judicata:
* Decisions Proper
-Decisions by regular courts of Justice2
-Decisions of the Supreme Court
-Decisions of the Court of Appeals
-Decisions of the Sandiganbayan
-Decisions of the Court of Tax Appeals
-Decisions of the Regional Trial Courts
-Decisions of the Metropolitan Trial Courts, the Municipal
Trial Courts and the Municipal Circuit Trial Courts
* Subordinate Decisions
-Ruling of Boards, Commissions, and Administrative officers, and
opinions of legal officers of the Government3
-Decisions of the Senate Electoral Tribunal and the House
of Representatives Electoral Tribunal
-Decisions of Administrative Agencies Exercising QuasiJudicial Powers, such as:
-COMELEC
-CSC
-Commission on Audit
-NLRC
-Insurance Commission
-Housing & Land Use Regulatory Board
-DAR Adjudication Board
3. Decision, Defined
-Judgment, decree, or determination of findings of fact and/or of law
by a judge, arbitrator, court, governmental agency, or other official
tribunal (court) 4
A conclusion reached after an evaluation of facts and law.
*When referring to judicial matters, a decision is not the same as an
opinion, although the terms are sometimes used interchangeably. A
decision is the pronouncement of the solution of the court or
judgment in a case, while an opinion is a statement of the reasons
for its determination made by the court5
4. Parts of a Decision/ Ponencia:
(1) Title (indicating the names of the parties)
(2) Syllabus (summary of important points of decision)
(3) Portion of the report that carries authority
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(1) The former judgment must be final;
(2) The court that rendered it had jurisdiction over the subject
matter and the parties;
(3) It is a judgment on the merits (rendered after consideration of
evidence and stipulations); and
(4) There is — between the first and the second actions — an
identity of parties, subject matter and cause of action (G.R. No. 146886
[2003])
8. Law of the Case, Defined
-The doctrine that when a court decides upon a rule of law, that
decision should continue to govern the same issue in subsequent
stages in the same case 6
- The doctrine of "law of the case" is one of policy only, however, and
will be disregarded when compelling circumstances require a
redetermination of the point of law decided on the prior appeal.
Such circumstances exist when an intervening or contemporaneous
change in the law has transpired by the establishment of new
precedent by a controlling authority or the overruling of former
decisions. 7
9. Stare Decisis, Defined
-The principle that the decisions of a court are a binding authority
on the court that issued the decisions and on the lower courts for
the disposition of factually similar controversies. Stand on what has
been decided
- Adherence to precedents , states that once a case has been decided
one way, then another case, involving exactly the same point at
issue, should be decided in the same manner. 8
NOTE: Supreme Court is not bound by this doctrine because it can
overturn precedents.
Kinds of Stare Decisis:
1. Vertical Stare Decisis
-Duty of lower courts to apply the
decisions of the higher courts to
cases involving the same facts.
(Obligation)
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6 Pedro Joven
1 Legal-explanations.com 2010
7 West's Encyclopedia of American Law, edition 2
2 Pedro Joven
8 Civil Code, Paras (2008)
3 Pedro Joven
4 Hill, 2005
5 West's Encyclopedia of American Law, edition 2
L E G A L R E S E A R C H 5 | PLATON
2. Horizontal Stare Decisis
-Higher courts must follow its own
precedents (Policy)
-Constitutional Stare Decisis are
judicial interpretations of the
Constitution; while, Statutory Stare
Decisis are interpretations of
statutes
The SC noted, however, that petitioner s counsel
relied on several decisions of the CA in addition to
SC cases to buttress his arguments. The SC reminded
counsel that decisions of the CA are neither
controlling nor conclusive on this Court.
Nepomuceno vs City of Surigao
560 SCRA 41
10. Importance of Precedents
-The importance of precedent is summed up in the words of Lord
Gardiner in London Tramways Co. vs. London City Council where he
said, '...[justices] regard the use of precedent as an indispensable
foundation upon which to decide what is the law and its application
to individual cases. It provides at least some degree of certainty
upon which individuals can rely in the conduct of their affairs, as
well as a basis for an orderly development of legal rules'.
-Certainty leads to stability, and it is of the foremost importance in
creating order in society. 1
Res Judicata and Stare Decisis, Effects
-The former to the settlement of the immediate controversy and the
latter to the impact of the decision as precedent
Res Judicata and Law of the case, Distinguished
-The former forecloses parties in one case, while the latter does not
have the finality of the former and applies only to a particular case.
11. Subordinate Case Laws
12. Decision of the Court of Appeals
-The Court of Appeals serves as our intermediate appellate court. As
to whether the decisions of this Tribunal shall constitute precedents,
the Supreme Court of the Philippines, in the case of Miranda, et al, v.
Imperial
Phil.
held: Only the decision of this Honorable
Court establish jurisprudence or doctrines in the jurisdiction.
However, this does not prevent that a conclusion or pronouncement
of the Court of Appeals which covers a point of law still undecided in
our jurisprudence may serve as juridical guide to the inferior courts,
and that such conclusion or pronouncement be raised as a doctrine
if, after it has been subjected to test in the crucible of analysis and
revision, this Supreme Court should find that it has merits and
qualities sufficient for its consecration as a rule of jurisprudence
Silva vs Mationg
499 SCRA 724
FACTS: Aklan Electric Cooperative, Inc (AKELCO)
failed to pay its P25M obligation which resulted to a
power cut-off. NAPOCOR restored power upon
learning of the NEA take-over. However, respondent
remained as General Manager. Respondent was soon
terminated finding him guilty of wilful breach of
trust and confidence. Respondent filed a
Manifestation and Supplemental motion before the
CA nullifying his removal on the ground that Sec. 10
e of PD
9 which provides for suspension or
removal and replacement is reserved solely to the
NEA-BOA; and prays for reinstatement. CA granted
the motion. Hence, this petition.
(ELD: Petition granted. Respondent s termination is
valid. AKELCO-BOD submitted its Board Resolutions
suspending and removing respondent to NEA for
approval, therefore the former was acting pursuant
to the authorization.
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1 Studyworld.com, 2010
FACTS: Petitioner filed a complaint before the RTC
for Recovery of Real Property and/or its Market
Value to recover a lot which was occupied,
developed and used as a city road by the respondent
without permission nor expropriation proceedings
for its acquisition. Notwithstanding proposal for
amicable settlement, the City Mayor refused to pay.
RTC granted petitioner P3,260 as compensation for
the land in dispute. Not satisfied, the petitioner
appealed to the CA. The CA entitled petitioner for
moral damages but affirmed the compensation
awarded. Petitioner sought for the value at the time
of actual payment invoking CA decisions with the
substantial factual similarity in this case, as well as
Article 1250 of the Civil Code.
HELD: Petition denied. In a long line of cases, it has
been held that it is the value of the property at the
time of taking that is controlling for purposes of
compensation. We find no application for Article
1250 because it pertains to contractual obligations.
Moreover, petitioner cannot properly insist on the
application of the CA decisions. A ruling of the CA on
any question of law is not binding on this Court. In
fact, the Court may review, modify or reverse nu
such ruling of the CA.
RATIONALE: The owner of the private property
should be compensated only for what he actually
loses; it is not intended that his compensation shall
extend beyond his loss or injury.
Ayala Corporation vs Rosa-Diana Realty and
Development Corp
346 SCRA 663
FACTS: Petitioner sold a parcel of land to Manuel Sy
and Sy Ka Kieng. The Deed of Sale executed between
the parties contained special conditions of sale:
Submission of building plans for Ayala s approval,
period of construction, and no resale of the said
property. The buyers failed to construct and the lot
was then sold to herein respondent, with Ayala s
approval, promising to abide by the said special
conditions. Building plans of The Peak were sent to
Ayala and, a substantially different one, to the
building official of Makati. Ayala filed before the
lower court an action for specific performance of
contractual obligation, in an alternative, rescission
of the sale, which was denied. Undeterred, Ayala
tried to cause the annotation of a notice of lis
pendens on the title but was denied by the Register
of Deeds of Makati. The Land Registration Authority
reversed the ruling but was overturned by the CA.
Rosa-Diana filed a Demurrer to Evidence averring
that Ayala failed to establish its right to the relief
sought which was sustained by the trial court. Ayala
was guilty of abandonment and/or estoppel due to
its failure to enforce the terms of the deed of
restrictions and special conditions of sale. The CA
affirmed the ruling of the trial court saying that the
appeal is sealed by the doctrine of the law of the
L E G A L R E S E A R C H 6 | PLATON
case with reference to a previous case. Thus, Ayala is
barred from enforcing the Deed of Restrictions.
Hence, the appeal to this Court.
ISSUE: W.O.N. our courts have jurisdiction over the
present case; W.O.N. the respondent judge erred in
applying the case of Lyons vs USA
HELD: The decision of the CA is reversed and set
aside. The law of the case or stare decisis cannot be
held applicable in the case at bench. The sole issue
raised before the appellate court was the propriety
of the lis pendens annotation.
HELD: Petition granted. The traditional rule of State
immunity exempts a state from being sued in courts
of another state without its consent. The reliance
placed on Lyons by the respondent judge is
misplaced. In the case, it can be seen that the
statement in respect of the waiver of State Immunity
from suit was purely gratuitous and therefore
obiter, thus, it has no value as an imperative
authority.
RATIONALE: The ruling covered by the doctrine of
the law of the case is adhered to in the single case
where it arises, but is not carried into other cases as
precedent.
Silliman University vs Fontelo-Paalan
525 SCRA 759
FACTS: Respondent was employed by the petitioner
and was assigned to the Medical Records Section of
the Silliman University Medical Center. She was later
promoted as the Head, the position she held until
her retirement at the age of 57 pursuant to the
provisions of the petitioner s retirement plan.
Accordingly, respondent received her retirement
benefits. Three years after, respondent filed with the
NLRC a complaint for illegal dismissal against
petitioner on the ground that said provision violates
her constitutional right of security of tenure and is
contrary to the compulsory retirement age of 65.
Petitioner was found guilty of illegal dismissal by the
Labor Arbiter. On appeal, NLRC reversed the ruling
of the LA and upheld the validity of the retirement
plan. Respondent filed a Motion for Reconsideration
but was denied but modified its decision by
adjudging the petitioner liable for additional
retirement benefits. Respondent then appealed
before the CA, which affirmed the modified decision
of the NLRC. Respondent opted to accept the
adverse judgment. Petitioner, on the other hand,
filed a Petition for Review on Certiorari in reference
to its liability.
HELD: Petition denied. This Court is already without
jurisdiction to take cognizance of the present
Petition. By the petitioner and respondent s inaction
and presumed acquiescence, respectively, the
findings of the NLRC and the CA, attained finality
and thus, became final and executory not having
been timely appealed.
Lambino vs COMELEC
505 SCRA 160
US vs Ruiz
136 SCRA 487
FACTS: USA had a naval base in Subic Zambales. The
base was one of those provided in the Military Bases
Agreement between the Philippines and the US.
Sometime in May 1972, the US invited the
submission of bids for the repair of its naval
equipment. Eligio de Guzman and Co. submitted
their bids. Subsequently, it received 2 telegrams
requesting it to confirm its price proposals. On June
1972, the company received a letter which was
signed by William I. Collins of the US Navy stating
that it did not qualify to receive an award because of
its unsatisfactory performance ratings. The company
then filed a petition in the trial court to issue a writ
of preliminary injuction, which the RTC affirmed.
Hence this petition.
RATIONALE: The restrictive application of State
Immunity is proper only when the proceedings arise
out of commercial transactions of the foreign
sovereign. It does not apply where the contract
relates to the exercise of its sovereign functions. in
the case at bar, the projects are an integral part of
the naval base devoted to the defense of both the US
and the Philippines, indisputably a function of the
government.
IV. BOOKS OF SECONDARY AUTHORITY
V. LEGAL RESEARCH
Legal Authority, Defined
-Authority that will aid in finding a solution to a legal problem
1. Primary and Secondary Legal Authority, Distinguished
-Primary Legal Authorities are authorized statements of law issued
by governmental bodies; while Secondary Legal Authorities are
descriptions of, or commentary on, the law
-The former is the law itself (Mandatory or Persuasive); while the
latter interprets, analyzes, or compiles the law (Persuasive)
Primary Legal Authorities (the court must rely on)
* Constitution and Statutes (Legislative Branch)
* Cases (Judicial Branch)
* Treaties, Executive Orders, Administrative Rules & Regulations,
Ordinances (Executive Branch)
Secondary Legal Authorities (the court may consider)
* Law review Articles, Treatises
* Restatements of the Law
* Legal Encyclopedias
2. Mandatory and Persuasive Legal Authority, Distinguished
- Mandatory must be followed because it is the legal authority for a
particular jurisdiction; while Persuasive may be followed optionally
because they are legal authorities (court decisions) of other
jurisdictions
3. Sources of Authorities
*Legislature
* Supreme Court
* Administrative Bodies
* Local Government Units
* President
4. Legal Research Process
VI. FUNDAMENTAL RESEARCH SKILL: CASE BRIEFING AND
SYNTHESIS OF CASES
1. Case Briefing, Defined
-A digest or condensation of a case. It is a written summary
identifying the essential components of a court opinion.
L E G A L R E S E A R C H 7 | PLATON
provide all the specific answers to every individual
problem
Case Briefing, Elements
Citation
--
Parties
--
Facts
Events between the parties
leading to the litigation
Petition is denied.
2. Synthesizing Cases
Prior Proceedings
What happened in the lower
courts
Issue
Questions including the rule of
law applied to the facts
Ruling/ Holding
Resolution of the issue or the
court s decision on the question
that is actually before it
Reasoning
Rule of Law applied
Disposition
Comments
-Opinion
Santos vs. CA
240 SCRA 20
FACTS: Plaintiff Leouel Santos married defendant
Julia Bedia on September 20, 1986. On May 18,
1988, Julia left for the U.S. She did not communicate
with Leouel and did not return to the country. In
1991, Leouel filed with the RTC of Negros Oriental, a
complaint for voiding of the marriage under Article
36 of the Family Code. The RTC dismissed the
complaint and the CA affirmed the dismissal.
ISSUE: Does the failure of Julia to return home, or at
the very least to communicate with him, for more
than five years constitute psychological incapacity?
HELD: No, the failure of Julia to return home or to
communicate with her husband Leouel for more
than five years does not constitute psychological
incapacity.
Psychological incapacity must be characterized by a)
gravity, b) juridical antecedence, and c) incurability
Psychological incapacity should refer to no less than
a mental (not physical) incapacity that causes a
party to be truly incognitive of the basic marital
covenants that concomitantly must be assumed and
discharged by the parties to the marriage which, as
so expressed by Article 68 of the Family Code,
include their mutual obligations to live together,
observe love, respect and fidelity and render help
and support.
Chi Ming Tsoi vs. CA
266 SCRA 324
FACTS: On May 22, 1988, Gina Lao married Chi Ming
Tsoi. Since their marriage until their separation on
March 15, 1989, there was no sexual contact
between them. Gina filed a case of annulment of
marriage on the ground of psychological incapacity
with the RTC of Quezon City. The RTC granted
annulment which was affirmed by the CA.
ISSUE: Is the failure of the husband to have sexual
intercourse with his wife from the time of the
marriage until their separation on March 15, 1989 a
ground for psychological incapacity
HELD: One of the essential marital obligations under
the Family Code is to procreate children based on
the universal principle that procreation of children
through sexual cooperation is the basic end of
marriage.
In the case at bar, the senseless and protracted
refusal of one of the parties to fulfill the above
marital obligation is equivalent to psychological
incapacity.
Judgment AFFIRMED.
Republic vs. CA
268 SCRA 198
FACTS: On April 14, 1985, plaintiff Roridel O. Molina
married Reynaldo Molina which union bore a son.
After a year of marriage, Reynaldo showed signs of
immaturity and irresponsibility as a husband and
father as he preferred to spend more time with his
friends, depended on his parents for assistance, and
was never honest with his wife in regard to their
finances resulting in frequent quarrels between
them. The RTC granted Roridel s petition for
declaration of nullity of her marriage which was
affirmed by the CA.
ISSUE: Do irreconcilable differences and conflicting
personalities constitute psychological incapacity?
HELD: There is no clear showing that the
psychological defect spoken of is an incapacity. It
appears to more of a difficulty , if not outright
refusal or neglect in the performance of some
marital obligations.
The intendment of the law has been to confine the
meaning of psychological incapacity to the most
serious cases of personality disorders clearly
demonstrative of an utter insensitivity or inability to
give meaning and significance to the marriage. This
psychologic condition must exist at the time the
marriage is celebrated.
Mere showing of irreconcilable differences and
conflicting personalities in no wise constitutes
psychological incapacity. It is not enough to prove
that the parties failed to meet their responsibilities
and duties as married persons; it is essential that
they must be shown to be incapable of doing so, due
to some psychological (not physical) illness.
Undeniably and understandably, Leouel stands
aggrieved, even desperate, in his present situation.
Regrettably, neither law nor society itself can always
The evidence merely adduced that Roridel and her
husband could not get along with each other. There
had been no showing of the gravity of the problem,
neither its juridical antecedence nor its incurability.
L E G A L R E S E A R C H 8 | PLATON
The following guidelines in interpretation and
application of Article 36 of the Family Code are
hereby handed down for the guidance of the bench
and the bar:
(1) Burden of proof belongs to the plaintiff
(2) Root causes of PI must be: medically or clinically
identified; alleged in the complaint; sufficiently
proven by experts; and clearly explained in the
decision
(3) PI must be proven to be existing at the time of
the celebration of the marriage, although
manifestation need not be perceivable at such time
(4) Shown to be medically or clinically permanent
(5) Must be grave enough to bring about the
disability of the party to assume the essential
obligations of marriage
(6) The essential marital obligations must be those
embraced by Arts. 68-71 of the Family Code
(7) Interpretations given by the National Appellate
Matrimonial Tribunal of the Catholic Church in the
Philippines, while not controlling, should be given
great respect by our courts
(8) The trial court must order the fiscal and the
Solicitor-General to appear as counsel for the State.
No decision shall be handed down unless the
Solicitor General issues a certification, which will be
quoted in the decision, briefly stating his reasons for
his agreement or opposition to the petition
Judgment reversed and set aside.
Hernandez vs. CA
320 SCRA 76
FACTS: Lucita Estrella married Mario Hernandez on
Januray 1, 1981 and they begot three children. On
July 10, 1992, Lucita filed before the RTC of
Tagaytay City, a petition for annulment of marriage
under Article 36 alleging that from the time of their
marriage, Mario failed to perform his obligation to
support the family, devoting most of his time
drinking, had affairs with many women and
cohabiting with another women with whom he had
an illegitimate child, and finally abandoning her and
the family.
The RTC dismissed the petition which was affirmed
by the CA.
ISSUE: Whether there was psychological incapacity
under Article 36.
HELD: Petitioner failed to establish the fact that at
the time they were married, private respondent was
suffering from psychological defect which in fact
deprived him of the ability to assume the essential
duties of marriage and its concomitant
responsibilities. As the Court of Appeals pointed out,
no evidence was presented to show that private
respondent was not cognizant of the basic marital
obligations. It was not sufficiently proved that
private respondent was really incapable of fulfilling
his duties due to some incapacity of a psychological
nature, and not merely physical.
Private respondent s alleged habitual alcoholism,
sexual infidelity or perversion, and abandonment do
not by themselves constitute grounds for finding
that he is suffering from a psychological incapacity
within the contemplation of the Family Code. It must
be shown that these acts are manifestations of a
disordered personality which make private
respondent completely unable to discharge the
essential obligations of the marital state, and not
merely due to private respondent s youth and selfconscious feeling of being handsome, as the
appellate court held.
Judgment affirmed.
Marcos vs. Marcos
G.R. No. 136490, October 19, 2000
FACTS: Plaintiff Brenda B. Marcos married Wilson
Marcos in 1982 and they had five children. Alleging
that the husband failed to provide material support
to the family and have resorted to physical abuse
and abandonment, Brenda filed a case for the nullity
of the marriage for psychological incapacity. The
RTC declared the marriage null and void under
Article 36 which was however reversed by the CA.
ISSUES:
1) Whether personal medical or psychological
examination of the respondent by a physician is a
requirement for a declaration of psychological
incapacity
2) Whether the totality of evidence presented in this
case show psychological incapacity.
HELD: Psychological incapacity, as a ground for
declaring the nullity of a marriage, may be
established by the totality of the evidence presented.
There is no requirement, however that the
respondent should be examined by a physician or a
psychologist as a conditio sine qua non for such
declaration.
Although this Court is sufficiently convinced that
respondent failed to provide material support to the
family and may have resorted to physical abuse and
abandonment, the totality of his acts does not lead to
a conclusion of psychological incapacity on his part.
There is absolutely no showing that his defects
were already present at the inception of the
marriage or that they are incurable.
Verily, the behavior of respondent can be attributed
to the fact that he had lost his job and was not
gainfully employed for a period of more than six
years. It was during this period that he became
intermittently drunk, failed to give material and
moral support, and even left the family home.
Thus, his alleged psychological illness was traced
only to said period and not to the inception of the
marriage. Equally important, there is no evidence
showing that his condition is incurable, especially
now that he is gainfully employed as a taxi driver.
In sum, this Court cannot declare the dissolution of
the marriage for failure of petitioner to show that
the alleged psychological incapacity is characterized
by gravity, juridical antecedence and incurability
(Santos v. CA, 240 SCRA 20); and for her failure to
L E G A L R E S E A R C H 9 | PLATON
observe the guidelines as outlined in Republic v. CA
and Molina, 268 SCRA 198
Republic vs. Dagdag
G.R. No. 109975, February 9, 2001
FACTS: Plaintiff Erlinda Matias married Avelino
Dagdag in 1975 and they begot children. A week
after the wedding, Avelino would disappear for
months. During the times he was with the family, he
indulged in drinking sprees with friends and would
return home drunk. He would likewise inflict
physical injuries on her. In 1983, Avelino left the
family again and that was the last they heard from
him. Erlinda later learned that Avelino was
imprisoned but escaped from jail.
In 1990, Erlinda filed with the RTC of Olongapo City
a petition for nullity of marriage for psychological
incapacity. On December 17, 1990, the date set for
presentation of evidence, only Erlinda and her
counsel appeared. Erlinda testified and presented
her sister-in-law, Virginia Dagdag, as her only
witness. Virginia testified that she is married to the
brother of Avelino. She testified that Erlinda and
Avelino always quarreled, and that Avelino never
stayed for long at the couple s house. Thereafter,
Erlinda rested her case. The RTC declared the
marriage null and void under Article 36 of the
Family Code which was affirmed by the CA.
ISSUE: Whether the husband suffers from
psychological incapacity as he is emotionally
immature and irresponsible, a habitual alcoholic and
a fugitive from justice.
HELD: Taking into consideration these guidelins laid
down in the Molina case, it is evident that Erlinda
failed to comply with the required evidentiary
requirements. Erlinda failed to comply with
guideline No. 2 which requires that the root cause of
psychological incapacity must be medically or
clinically identified and sufficiently proven by
experts, since no psychiatrist or medical doctor
testified as to the alleged psychological incapacity of
her husband. Further, the allegation that the
husband is a fugitive from justice was not
sufficiently proven. In fact, the crime for which he
was arrested was not even alleged. The investigating
prosecutor was likewise not given an opportunity to
present controverting evidence since the trial
court s decision was prematurely rendered.
Judgment reversed and set aside.
VII. BASIC LEGAL CITATION
1. Purpose of Legal Citation
-Reference; Provides the information necessary for the reader to
locate the reference (specific statute, court opinion, law review,
encyclopedia) allowing the reader to check its content
*Guide/ Source:
Bluebook (Harvard Law Review Association); and
ALWD
Supra
Id, Idem
same as above
same page cited in the case
Search Materials and Finding Tools:
1. Citators
-They supply references to decisions in which other cases have been
cited, reviewed, affirmed, reversed, overruled, criticized or
commented upon, and to cases in which statutes have been
construed, and to statutes in which prior acts have been amended,
renewed or repealed
-A citator is a finding tool that provides the subsequent history of
reported cases and lists of cases and legislative enactments
construing, applying or affecting statutes
-Shepard’s Citations published by Shepard s McGraw-Hill, lists
virtually every published case by citation, in both official and
unofficial reporters, and then list under its citation every
subsequent case that has cited the case in question. The process of
updating a case through this method is referred to as Shepardizing.
2. Indexes
-The word index usually means a subject-index which is like the
index found in textbooks, statutes, etc. A subject index is an
alphabetically arranged topical words in which, by means of
references under each topic, material relating to these topics
expressed in appropriate words is digested
3. Bibliographies
-A bibliography is a list of descriptions of published materials either
relating to a given subject, or by a given author. A bibliography of
law books may refer to a list of an author s legal words, or of the
literature bearing on a particular subject or field of law
VIII. ELECTRONIC RESEARCH
Philippine Laws Premium Edition
Contents:
1. Subject Index
2. Selected Laws with Annotations
3. Philippine Constitutions
4. Statutes
5. Presidential Issuances
6. Supreme Court Issuances
7. Spanish Era Code
8. Treaties
9. Implementing Rules and Regulations
10. Rules and Procedures
Jurisprudence
1. G.R. Nos.
2. Cases from 1901-2009 (2010, 2nd Quarter)
Description
Connected words
Proximity, in order
Proximity, unordered
Character replacer
Synonyms
Related root word extender
Code
xxx
xxx /
xxx @
wom?n
$
%
IX. LEGAL BIBLIOGRAPHY
X. SPECIAL TOPICS
Legal Research - applying the law in the given set of facts
FACTS



EVIDENCE



LAW



L E G A L R E S E A R C H 10 | PLATON
The duty of the legal researcher arises on the third instance where
you have both the facts and the evidences but not the law
BASIC LEGAL CITATION by Dr. Ng Po
I. Introduction
Cases
-Published reports of dispute which have come before the court
including the reason for the decision and the decision itself
-Published reports found in the Official Gazette, Philippine Reports,
SCRA, SCANT, etc
Legal research is the search for authority that can be applied to a
given set of facts and issues. Legal research and analysis involve
determining how the law applies to the facts of the case, which in
turn requires knowledge of what the law is, how to find it, and the
general principles that govern its application (Putman, 2004)
Case Brief
-Written summary of the abstract of the case, in your own words
Legal citation is the style of crediting and referencing other
documents or sources of authority in legal writing (Wikipedia)
Case Brief, Elements
1. Facts
-Contains the parties involved, date of the case, controversies, cause
of action (arises from the act of another violating the right of
someone, the latter having the cause of action)
Manual of Judicial Writing: Substance and form are the basic
elements of all human creation. One without the other would be
useless. The purpose of the Manual is to provide a standardized
form for the substance of Supreme Court decisions and resolutions.
The aim is to provide tools for clarity while leaving plenty of room
for individual style and preference
2. Issues
-Problem, sub-issues
II. Purpose of Legal Citation
4. Decision
-Application of the law
According to former Chief Justice Hilario Davide
, words are
the lifeblood of judicial decision or of any other form of writing.
When the right words are used, they serve as gems that give luster
to a message or idea. On the other hand, gobbledygook, legal jargon,
or archaic language is likely to take away the vigor of a message
Obiter Dicta (not binding)
-Proposition or statement not pertinent in deciding the issues in the
case
Legal citation is a standard language that allows one writer to refer
to legal authorities with sufficient precision and generality that
other can follow the references
Holding
-Propositions actually relied on the decision
Legal citation strives to:
1. Identify the document and document part to which the writer is
referring,
3. Arguments
-Parties, court, discussion of pros and cons
-Formulation through general proposition from considering facts
(inductive reasoning)
Citation, Elements
1. Name of the case
2. Volume #
3. Page #
4. Date decided
Example: People vs. Boncayao, 234 SCRA 567 (2010)
Methods
A. Living Law Approach
1. Law Finder
-Index, dictionaries, etc
2. Go to the law
-If not the law you are looking for, cross-reference to get the law that
applies appropriately
A language without idiom is like a man who cannot smile
2. Provide the reader with sufficient information to find the
document or document part in the sources the reader has available
(which may or may not be the same sources as those used by the
writer), and
3. Furnish important additional information about the referenced
material and its connection to the writer s argument to assist
readers in deciding whether or not to pursue the reference
The task of legal citation in short is to provide sufficient
information to the reader of a brief or memorandum to aid a
decision about which authorities to check as well as in what order to
consult them and to permit efficient and precise retrieval -- all of
that, without consuming any more space or creating any more
distraction than is absolutely necessary (Adapted from Cornell
Library 2005, with permission)
III. Types of Citation Principles
3. Supplement or evaluate it
B. Topic Method
Read also: Manual of Supreme Court on Legal Writing, Judicial
Writing by Dr. Ng (page 156-166) re: Citing Constitutions, Statutes,
Administrative Orders, and Foreign Materials
1. Full Address Principles: Principles that specify completeness of
the address or identification of a cited document or document
portion in terms that will allow the reader to retrieve it
2. Other Minimum Content Principles: Principles that call for the
inclusion of additional information items beyond a retrieval address
-- the full name of the author of a journal article, the year a decision
was rendered or a statutory codification last updated
3. Compacting Principles: Principles that reduce the space taken up
by the information items included in a citation. These include
standard abbreviations Supreme Court becomes S.C. and
principles that eliminate redundancy
L E G A L R E S E A R C H 11 | PLATON
4. Format Principles: Principles that punctuation, typography, order
of items within a citation, and the like.
E. Cite provincial, city, and municipal ordinances: name of the local
government unit, serial number of ordinance, and date of adoption
IV. How to cite Constitutions
Manila Ordinance 6120, January 26, 1967
1. Constitutional Text
VII. How to cite Court Decisions
CONSTITUTION, Art. VI, Sec. 2
CONSTITUTION, (1935), Art. III, Sec. 1, par. (3)
1. Decisions and Resolutions
A. Case Title: surname of the opposing parties first mentioned
*When the Constitution is no longer in force, enclose the year when it
took effect in parentheses
2. Constitutional Proceedings: cite the volume in roman numeral,
followed by the word RECORD/JOURNAL, CONSTITUTIONAL
COMMISSION, the page number, and the date of deliberation in
parentheses
B. Exceptions
-cite Islamic and Chinese names in full
Lim Sian Tek v. Ladislao (Not Lim v. Ladislao)
-cite compound names in full
II RECORD, CONSTITUTIONAL COMMISSION 24 (June 24, 1986)
People v. De Guzman (Not People v. Guzman)
V. How to cite Statutes, and Similar Materials
-cite names of corporations, associations, business firms and
partnerships in full. Words forming part of such names may be
abbreviated, except the first word
1. Session Laws: cite the law, followed by the year of effectivity in
parentheses, and the specific article or section
Mata v. Rita Legarda, Inc.
Republic Act No. 4723 (1966), Sec. 2
2. Codes: cite the name of the particular code and specific article or
section (if numbered continuously; or the headings, from general to
specific, followed by the article or section (if not numbered
continuously)
CIVIL CODE, Art. 297
CIVIL CODE (1889), Art. 67
ADMINISTRATIVE CODE, Book IV, Title 1, Chapter 9, Sec. 29
*When the code is no longer in force, enclose the year of effectivity in
parentheses after the name of the code
3. Legislative Proceedings: cite the volume in roman numeral,
followed by the word RECORD/JOURNAL, HOUSE/ SENATE, the
specific Congress, the session number, the page number, and the
date of deliberation in parentheses
II RECORD, HOUSE 6TH CONGRESS 1ST SESSION 24 (June 24, 1966)
VI. How to cite Administrative Materials and Regulations
1. Treaties: name of the treaty or agreement, the date of signing, the
parties, the subdivisions referred to (if applicable), and the source
Treaty of Friendship with India, July 11, 1952 (1953), II-2
2. Executive and Administrative Issuances:
A. issuance followed by the year of effectivity in parentheses, and
the specific article or section
-cite cases involving the Government of the Philippines and criminal
cases as follows:
U.S. v. Jaranilla
Government v. Abadinas
Republic v. Carpin
People v. Santos
-cite cases involving public officers as follows:
Gonzales v. Hechanova (Not Gonzales v. Executive Secretary)
-cite local government units by their level, followed by their official
name
Province of Rizal v. RTC
-cite case names beginning with procedural terms like In re. as they
appear in the decisions. Use In re instead of In the matter of
In re Elpidio Z. Magsaysay
-in consolidated cases, cite only the first case
In Mabuhay Textile Mills Corp v. Minister Ongpin, 1 the court held that xxx
___________________
1 225 Phil. 383 (1986)
C. Case Reports
Executive Order No. 329 (1972)
Concepcion v. Paredes, 42 Phil. 599, 607 (1921)
People v. Suzuki, G.R. No. 120670, October 23, 2003, 414 SCRA 43
B. Presidential Acts under Martial Law
*In multiple cases, start with the latest to the earliest
General Order No. 39 (1972)
2. Rules of Court
C. Other Executive Issuances
RULES OF COURT, Rule 130, Sec. 2, par. (b)
Secretary of Justice Opinion No. 271, s. 1982
3. ROLLO & Other Court Records
D. Cite Rules and Regulations: abbreviated name of the agency
together with the designation employed in the rules, serial number,
year of promulgation in parentheses, and the section or paragraph
A. Rollo. Capitalize the word rollo only at the beginning of a
citation or a sentence
Labor Employment Service Regulation No. 3 (1966)
Rollo, p. 21
CA rollo, pp. 109-122
Sandiganbayan rollo, p. 9
CTA rollo, p. 10
L E G A L R E S E A R C H 12 | PLATON
-If there are two or more volumes:
Rollo, Vol. 3, p. 21
D. Signal that indicates background material
See generally
-In consolidated cases:
Rollo (G.R. No. 123456), p. 21
Cited authority presents helpful
background material related to the
proposition
E. Order of Signals
-In consolidated cases:
B. Records:
Records, pp. 210-214
MTC records, p. 123
C. References to TSN (transcript of stenographic notes)
TSN, January 30, 2003, pp. 21-22
D. Exhibits: quotation marks, followed by the source (e.g, rollo or
records)
Exhibit .A,. p. 21
VIII. How to cite Foreign Materials
IX. Repeating Citations
1. Supra - to identify a material previously cited on the same or
preceding page. It should not be used to refer to statutes or
constitutions
Concepcion v. Paredes, 42 Phil. 599, 607 (1921)
Concepcion v. Paredes, supra
Concepcion v. Paredes, supra at 601
Concepcion v. Paredes, supra note 1, at 601
2. Id - when citing the immediately preceding footnote that has only
one authority
1 Concepcion v. Paredes, 42 Phil. 599, 607 (1921)
2 Id.
3 Id. at 601
3. Introductory Signals
A. Signals that indicate support
See
See also
Cf.
Cited authority directly states or clearly
supports the proposition
Cited authority constitutes additional
source material that supports the
proposition
Means compare; cited authority
supports a proposition different from
the main proposition but sufficiently
analogous to lend support
B. Signal that suggests a useful comparison
Compare x x x [and] x x x with x x x [and] x x x
C. Signals that indicate contradiction
Cited authority directly states or clearly
supports a proposition contray to the
main proposition
But cf.
cited authority supports a proposition
analogous to the contrary of the main
proposition
But should be omitted from But cf. whenever it
follows But see
But see
L E G A L R E S E A R C H 13 | PLATON