LEGAL RESEARCH by Rufus B.

Rodriguez 02

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.

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.

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
Just and obligatory
-imposes a duty to obey

Promulgated by legitimate authority
-by the legislature

Common observance and benefit
-observed by all for the benefit of all

3. Sources of Laws

Constitution
Legislation, Administrative or Executive Acts
Judicial Decisions or Jurisprudence
Customs

4. Effectivity of Laws

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

Taada 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 declared that presidential
issuances of general application which have not
been published have no force and effect.

Taada 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.
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Umali vs Estanislao
209 SCRA 446

FACTS: RA 7167, providing additional exemptions
to taxpayers, was signed and approved on
December 1991 with the clause shall take effect
upon its approval and was published on January
14, 1992 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.

Farias 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 Taada vs Tuvera, the
phrase unless otherwise provided refers to the
date and not to publication, which is indispensable.

La Bugal-blaan Tribal Association, Inc. 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 279 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 279s 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 279s 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


B. Moral Law -establishes what is right and what is wrong as
dictated by human conscience

C. Divine Law -divine positive law 10 commandments; divine
human positive law, enacted by man for their
general welfare

Positive Law

A. Public 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
B. Private Law - Substantive, creates duties, rights; and
Procedural, means & methods in courts

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

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

B. Treaties and International Agreements

Treaty, Defined
-An agreement between or among states which generally governs
their mutual conduct with one another

C. Statutes enacted by the Legislature



Statute Proper, Kinds

As to nature
Penal -imposes punishment of an offense
Remedial -remedy former laws, reform or extend rights
Substantive -creates, defines, regulates the rights and
duties of parties
Labor -welfare of laborers, governs employer-
employee relationship
Tax -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 -continues in performance until altered or
repealed
Temporary -fixed for a specified period

As to scope
General -applies to persons, entities, things as a class
omitting no one
Special -particular persons, entities, things
Local -specific, within territorial limits

Others
Prospective -operates after it takes effect
Retrospective -affects acts already committed before
effectivity

Repealing -revokes or terminates another
statute
Amendatory -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
Declaratory -establishes its meaning & correct
construction


Statutes Proper, Parts

Title -gives the general statement of the subject matter

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

Interpretative Clause -legislature defines its own language
or prescribes rules for its
construction
Repealing Clause -announces the legislative intent to
terminate or revoke another statute

Saving Clause -restricts a repealing act and
preserves existing powers, rights and
pending proceedings from the effects
of the repeal
Separability Clause -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.
Date of effectivity -when the law shall take effect
(Article 2
of the Civil Code)


Note:
*TITLE must have only one subject to prevent hodge-podge or
log-rolling 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

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



Lidasan vs COMELEC
21 SCRA 496

FACTS: RA 4790 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)

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.

HELD: Lower courts 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
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 33
rd
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 effectivity
1
, except those interpretative
regulations and those internal in nature

D. Administrative Rules and Regulations

E. Ordinances enacted by the Autonomous Regions

F. Ordinances enacted by Local Government Units

3. Philippine Legislative System

4. When a Bill becomes a Law, Process

* Proposal to the committee
* 1
st
reading (in session, read title, author, synopsis)
* Referred to appropriate committee
* 2
nd
reading (debate, interpolation, amendment, finalize)
* Endorse to plenary
* 3
rd
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 (3
rd
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
Taada vs. Tuvera, 136 SCRA 27

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.

IV. CASE LAW

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

-it comes from judicial authorities of the state and is the 2
nd

major category of primary sources of law

2. Classes of Case Law

* Decisions Proper
-Decisions by regular courts of Justice
2
-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 Government
3
-Decisions of the Senate Electoral Tribunal and the
House of Representatives Electoral Tribunal
-Decisions of Administrative Agencies Exercising Quasi-
Judicial 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 court
5


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
Legal-explanations.com 2010
2
Pedro Joven
3
Pedro Joven
4
Hill, 2005
5
West's Encyclopedia of American Law, edition 2
(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

NOTE: Per curiam - Report agreed upon by all justices

5. Effect of Decided Case (of the Supreme Court):

(1) An authoritative settlement of the particular controversy
before it; and
(2) As a precedent for future cases

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

7. Requisites of Res judicata:

(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
7
West's Encyclopedia of American Law, edition 2
8
Civil Code, Paras (2008)


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

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 (77 Phil. 1066) 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 269 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.

HELD: Petition granted. Respondents 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

The SC noted, however, that petitioners 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

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 Ayalas
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 Ayalas 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 case with
reference to a previous case. Thus, Ayala is barred
from enforcing the Deed of Restrictions. Hence, the
appeal to this Court.

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.

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 petitioners
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
respondents 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.
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: 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 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.

Case Briefing, Elements

Citation --

Parties --

Facts Events between the parties
leading to the litigation

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 courts 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.

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.

Undeniably and understandably, Leouel stands
aggrieved, even desperate, in his present situation.
Regrettably, neither law nor society itself can
always provide all the specific answers to every
individual problem

Petition is denied.

2. Synthesizing Cases

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 Roridels
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.

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.

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.

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 respondents 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 respondents
youth and self-conscious 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 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 couples 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 courts 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 same as above
Id, Idem 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

-Shepards Citations published by Shepards 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 authors 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, 2
nd
Quarter)

Description Code
Connected words xxx
Proximity, in order xxx/10
Proximity, unordered xxx@10
Character replacer wom?n
Synonyms $
Related root word extender %

IX. LEGAL BIBLIOGRAPHY

X. SPECIAL TOPICS

Legal Research - applying the law in the given set of facts

FACTS EVIDENCE LAW




The duty of the legal researcher arises on the third instance
where you have both the facts and the evidences but not the law

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

Case Brief
-Written summary of the abstract of the case, in your own words

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)

2. Issues
-Problem, sub-issues

3. Arguments
-Parties, court, discussion of pros and cons
-Formulation through general proposition from considering facts
(inductive reasoning)

4. Decision
-Application of the law

Obiter Dicta (not binding)
-Proposition or statement not pertinent in deciding the issues in
the case

Holding
-Propositions actually relied on the decision

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

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












































































































BASIC LEGAL CITATION by Dr. Ng Po

I. Introduction

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)

Legal citation is the style of crediting and referencing other
documents or sources of authority in legal writing (Wikipedia)

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

II. Purpose of Legal Citation

According to former Chief Justice Hilario Davide (2005), 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

A language without idiom is like a man who cannot smile

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

Legal citation strives to:
1. Identify the document and document part to which the writer
is referring,

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 writers 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

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

4. Format Principles: Principles that punctuation, typography,
order of items within a citation, and the like.

IV. How to cite Constitutions

1. Constitutional Text

CONSTITUTION, Art. VI, Sec. 2
CONSTITUTION, (1935), Art. III, Sec. 1, par. (3)

*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

II RECORD, CONSTITUTIONAL COMMISSION 24 (June 24,
1986)

V. How to cite Statutes, and Similar Materials

1. Session Laws: cite the law, followed by the year of effectivity in
parentheses, and the specific article or section

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 6
TH
CONGRESS 1
ST
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

Executive Order No. 329 (1972)

B. Presidential Acts under Martial Law

General Order No. 39 (1972)

C. Other Executive Issuances

Secretary of Justice Opinion No. 271, s. 1982

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

Labor Employment Service Regulation No. 3 (1966)

E. Cite provincial, city, and municipal ordinances: name of the
local government unit, serial number of ordinance, and date of
adoption

Manila Ordinance 6120, January 26, 1967

VII. How to cite Court Decisions

1. Decisions and Resolutions

A. Case Title: surname of the opposing parties first mentioned

B. Exceptions
-cite Islamic and Chinese names in full

Lim Sian Tek v. Ladislao (Not Lim v. Ladislao)

-cite compound names in full

People v. De Guzman (Not People v. 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

Mata v. Rita Legarda, Inc.

-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

Concepcion v. Paredes, 42 Phil. 599, 607 (1921)
People v. Suzuki, G.R. No. 120670, October 23, 2003, 414
SCRA 43

*In multiple cases, start with the latest to the earliest

2. Rules of Court

RULES OF COURT, Rule 130, Sec. 2, par. (b)

3. ROLLO & Other Court Records

A. Rollo. Capitalize the word rollo only at the beginning of a
citation or a sentence

Rollo, p. 21
CA rollo, pp. 109-122
Sandiganbayan rollo, p. 9
CTA rollo, p. 10
-If there are two or more volumes:

Rollo, Vol. 3, p. 21

-In consolidated cases:

Rollo (G.R. No. 123456), p. 21

-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 Cited authority directly states or
clearly supports the proposition
See also Cited authority constitutes
additional source material that
supports the proposition
Cf. 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

But see 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


D. Signal that indicates background material

See
generally
Cited authority presents
helpful background material
related to the proposition

E. Order of Signals