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Jurisprudence and Citations

A. Introduction to Jurisprudence and its sources

I. Case law and jurisprudence, defined.

Case law is the general term that refers to a great class of official literary
manifestations of law made up of cases by persons and agencies of the government
performing judicial and quasi-judicial functions.

Jurisprudence are judicial precedents considered collectively 1

II. Categories of jurisprudence

1. Conventional decisions which refers to decisions made by regular courts


of justice
2. Subordinate decisions decisions made in accordance with law, by
administrative agencies and legislative tribunals.

III. Examples of conventional decisions

1. Decisions of the Supreme Court


2. Decisions of the Court of Appeals
3. Decisions of the Sandiganbayan
4. Decisions of the Court of Tax Appeals
5. Decisions of the Regional Trial Courts
6. Decisions of other lower courts like the Metropolitan Trial Court, Municipal
Trial Court, Municipal Circuit Trial Court and Municipal Trial Courts in Cities

IV. Examples of subordinate decisions

1. Decisions of the Senate Electoral Tribunal


2. Decisions of the House of Representatives Electoral Tribunal
3. Decisions of Administrative agencies exercising quasi-judicial functions

V. Official Repositories of Supreme Court Decisions

1. Advance Sheets in mimeograph form


2. Official Gazette
3. Philippine Reports

Started on August 8, 1901 until October 31, 1937 (74 volumes)


It stopped its publication due to the Japanese Occupation.
It presumed printing Volume 74 to 110 which covers decisions from
November 23, 1960 to January 31, 1961.
The last Volume of the Philippine Report is Volume 126 which covered April to
June 1967.
The Supreme Court took over with Vol. 127 (July 1967) onwards.

1
Blacks Law Dictionary
4. Philippine Reports Reprint

Undertaken by the Lawyers Cooperative Publishing Co.


It covers the 74 original volumes of the Philippine Reports

5. Jurisprudencia Filipina

Spanish edition of the Philippine Reports

VI. Unofficial Repositories of Supreme Court Decisions

1. Philippine Decisions
2. Philippine Reports Annotated
3. Supreme Court Reports Annotated (SCRA)
4. Supreme Court Decisions (SCD)
5. Philippine Law and Jurisprudence (PHILAJUR)
6. Supreme Court Unpublished Decisions (SCUD)
7. Supreme Court Advance Decisions (SCAD)
8. Supreme Court Excerpts
9. Summary of Supreme Court Rulings
10.Citations: Excerpts of Supreme Court Decisions

VII. Publications of the Court of Appeals

1. Appellate Courts Report


2. Advance Sheets
3. Official Gazette
4. Court of Appeals Reports
5. Court of Appeals Reports Annotated

VIII. Publications for Court of Tax Appeals Decisions

1. Court of Tax Appeals Digest of Customs and Real Property Tax Cases (1973)
2. Court of Tax Appeals Digest of Internal Revenue Code (1971)

IX. Decisions of the RTC and other lower courts

The decisions of the RTC and other lower courts have not been published in
official reports or in books of secondary authority
In order to secure a copy of decisions from this court, one has to request from
their respective sala.

B. Citations of Jurisprudence

I. General Rules in Citing Cases

A. Philippine Reports
1. Give the surname/family name of the party, the volume, title, and pages of
reports, and the year of promulgation in parentheses
2. Abbreviate versus (vs.) or contra as (v.)
3. When used in text, underscore the title of the case (if printed italicize)
4. Place the source or citation in the footnote

Example:

Name of Case:

NATIVIDAD ARIAGA, petitioner


vs.
Elpidio Javellana, respondent

Citation: Ariaga v. Javellana, 92 Phil. 330 (1952)

B. Advance Sheets

1. Give the surname/family name of parties (italicized), General Register no.,


specific date of promulgation
2. Abbreviate versus (vs.) or contra as (v.)
3. Place the source or citation in the footnote

Example:

Name of Case:

AGAN et. al, petitioner


vs.
PLATCO et. al., respondent

Citation: Agan, et. al. v. PLATCO et. al., G.R. No. 155001, May 5, 2003.

C. Consolidated Cases

1. Use the surname/family name of the parties in the first case only (italicized),
volume, tile and pages of reports, and year of promulgation in parentheses.
2. Abbreviate versus (vs.) or contra as (v.)
Example:

BIENVENIDO A. EBARLE, et. al., petitioner


vs.
HON. JUDGE MELQUIADES B. SUCALDITO, et. al., respondents

xxxxxxx

BIENVENIDO A. EBARLE, petitioner


vs.
HON. JUDGE ASAALI S. ISAANI, et. al.
Citation: Ebarle v. Sucaldito, 156 SCRA 803 (1987)

D. Exceptions to the General Rule

a. Citing Islamic and Chinese names

i. Islamic and Chinese names should be in full and not merely the
surname
ii. Follow the same rules of citation in the general rule

Example:

CHI MING TSOI, petitioner


vs.
COURT OF APPEALS, et. al.

Citation: Chi Ming Tsoi v. Court of Appeals, 266 SCRA 324 (1997)

Other examples:

Liam Sian Tek v. Ladislao not Lim v. Ladislao


Una Kibad v. Commission on Elections not Kibad v. Commission on Elections

b. Compound names

i. Compound names should be cited in full


ii. Follow the same rules of citation in the general rule

Examples:

People v. De la Cruz not People v. Cruz de la


Abad Santos v. Auditor General not Santos v. Auditor General
Galeos-Veldehuesa v. Republic not Valdeheuza v. Republic

c. Rules on corporations, associations, business firms and


partnerships

i. The name of corporations, associations, business firms and


partnerships should be in full
ii. As a general rule, words forming part of such name may be
abbreviated
iii. However, if the word to be abbreviated is the first name, it
should not be abbreviated
iv. Follow the general rules in citation

Examples:

Allied Workers Association of the Philippines v. Republic Trading Corporation


or Allied Workers Assn of the Philippines v. Republic Trading Corp.
Mata v. Rita Legarda, Incorporated or Mata v. Rita Legarda, Inc.

E. Citing Criminal Cases

1. In citing criminal cases, the adverse party is the State and not the victim and
the respondent is the accused
2. Follow the general rules in citation

Citation:

Government v. name of accused


Commonwealth v. name of accused
Republic v. name of accused
U.S. v. name of accused
People v. name of accused

Examples:

Government v. Abadinas
Commonwealth v. Corominas
Republic v. Carpin
U.S. v. Jaranilla
People v. Santos

F. Citation of cases involving public officers and offices

1. When the person is named in his official capacity, give the name of the
person only
2. Where the office is names, give the complete name of the office

Examples

City of Manila v. Subido not City of Manila v. Subido, in his capacity as Civil
Service Commissioner
Collector of Internal Revenue v. Tan Eng Hong
Chief of the Philippine Constabulary v. Sabungan Bagong Silangan
Board of Election Inspectors of Tolosa v. Piccio
Civil Liberties Union v. Executive Secretary
G. Citation of cases with procedural terms

1. Cite case names beginning with procedural terms like ex parte, ex rel and in
re as they appear in the decisions

Examples:

Ex parte Milligan
In re Garcia
U.S. ex rel. Greathouse v. Smith
II. Citing Supreme Court Decisions

A. Decisions from the Philippine Reports

Citation: Name of case, Volume Phil. Page (year)

Example: Diaz v. Estrera, 78 Phil. 637 (1947)

B. Decisions from the Official Gazette

Citation: Name of case, G.R. No., date of promulgation, Volume O.G. Page (Month
and Date of issue)

Example: Espiritu v. Rivera, G.R. No. 17992, September 30, 1963, 62 O.G. 7226
(Oct., 1966)

C. Administrative cases against attorney-at-law

Citation: Name of case, G.R. Admin. Case No., date of promulgation

Example: In re Mallare, G.R. Admin No. 533, April 29, 1968

D. Administrative cases against judges

Citation: Name of case, G.R. No. Case/Admin No., date of promulgation

Example: Secretary of Justice v. Catolico, G.R. Adm. Case No. 203-J & Adm. Matter
No. 625-CFI, November 18, 1975

III. Citing Court of Appeals Decisions

A. Appellate Court Reports

Citation: Name of case, Volume C.A. Rep. page (year)

Example: Chunaco v. Singh, 8 C.A. Rep. 488 (1947)

B. Court of Appeals Reports, second series


Citation: Name of case, Volume C.A. Rep 2d page (year)

Example: Flores v. Valpena, 2 C.A. Rep. 2d 64 (1962)

C. Court of Appeals General Register

Citation: Name of case, C.A.-G.R. No. _____ -R, CV, CR or SP, date of promulgation

Example: Caliboso v. Bueno, C.A.-G.R. No. 20401-R, April 8, 1960


D. Official Gazette

Citation: Name of case, C.A.-SP or CR or CV No. ______, date of promulgation,


volume O.G. page (month and year of issue)

Example: Manila Electric Co. v. Allarde, C.A.-SP No. 11850, May 15, 1987, 868 O.G.
3447 (May, 1990)

IV. Citation of Sandiganbayan Cases

Citation: Name of case, Sandiganbayan Crim. Case No.______, date of


promulgation, Volume Sandiganbayan, Rep. Page (year of issue)

Example: People v. Sabarre, Sandiganbayan Crim. Case No. 001, December 12,
1979, 1 Sandiganbayan, Rep. 305 (1979)

V. Citation of Court of Tax Appeals Cases

Citation: Name of case, CTA Case No. _______, Date of promulgation

Example: Abad v. Commissioner of Internal Revenue, CTA Case. No. 717, June 4,
1963

VI. Citation of Regional Trial Court Decisions

Citation: Name of case, RTC (Place and Branch No.), Crim. Case or SP No. R-
________, date of promulgation

Example: People v. Johnson, RTC (San Jose, Occidental Mindoro, Br. 45) Crim. Case
R-1681, August 6, 1984

In re Morales, RTC (Dagupan City, Br. 43), SP-2472, December 7, 1989

VII. Citation of Metropolitan Trial Court Decisions

Citation: Name of case, MeTC (Place and Branch No.) Civil or Criminal Case No.
______, Date of Promulgation

Example: Shell Distribution Co., Inc. v. Balmaceda, MeTC (Manila, Branch 10) Civil
Case No. 59963, July 20, 1982

VIII. Citation of Municipal Trial Courts and Municipal Circuit Trial


Courts

Citation: Name of case, MCTC or MTC (place) Crim. Case No. ______, date of
promulgation
Example: People v. Soliven, MCTC (Paoay-Currimao Ilocos Norte) Crim. Case No.
992-C, November 11, 1983

IX. Citation of Shariah District Courts and Shariah Circuit Courts

Citation: Name of case, Shariah Dist./Circ. Ct. (place), date of promulgation

Example: Al-Awadhi v. Rulona, Shariah Dist. Ct. (Marawi City) Special Proceedings
No. 011-87, September 15, 1988

X. Citation of Administrative Decisions

Citation: Name of the case, name of the agency (abbreviation or acronym), case
number, date of promulgation

Example: Tinio v. Dizon, DENR Case No. 2734, April 24, 1967

In re Colorado, CSC Adm. Case No. R-27182

Sources:

Santos, Antonio M., Basic Information for Legal Research in the Philippines.

Santo-Ong, Milagros. UPDATE: Philippine Legal Research

University of Sto. Tomas Law Review Style

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