LEGAL RESEARCH

Professor: Atty. Joeven D. Dellosa

Source: Rodriguez, Rufus B. (2002). LEGAL RESEARCH. Quezon City: Rex Printing Company, Inc.

I. INTRODUCTION
II. LAWS
1. Legal Research, Defined
-It is the process of finding the law, rules and regulations that 1. Law, Defined
govern activities of human society. It is also defined as the -A rule of conduct, just and obligatory, promulgated by
investigation for information necessary to support legal legitimate authority for the common observance and benefit
decision making.
2. Characteristics of Law
2. Legal Research, Importance
-To provide competent representation* and uphold the Rule of conduct
standards of the legal profession -guidelines of what to do or not to do
Just and obligatory
*requires the legal knowledge, skill, thoroughness and -imposes a duty to obey
preparation reasonably necessary for representation.
Promulgated by legitimate authority
3. Legal Research, Sources -by the legislature
-Involves the use of a variety of printed* and electronic
sources. Common observance and benefit
-observed by all for the benefit of all
*constitution, statutes, court decisions, administrative rules
and scholarly commentaries 3. Sources of Laws

4. Legal Research and Bibliography, Distinguished Constitution

-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
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
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 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 the poverty threshold level at the time said Act
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.
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
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.
2|P L A T O N
 2. Classes of Statute Law
La Bugal-b’laan Tribal Association, Inc. vs Ramos
421 SCRA 148 A. The 1987 Constitution

FACTS: On July 25, 1987, two days before the Constitution, Defined
convening of the First Congress, President -The fundamental law or supreme law of the land promulgated
Aquino, in her exercise of legislative power by the people. A law, to which all other laws must conform
during the Provisional Constitution, issued EO
279 with the clause “shall take effect -The written instrument by which the fundamental powers of
immediately”. EO 279 was published on August the government are established, limited and defined and by
3, 1987. which these powers are distributed among the several
departments for their safe and useful exercise for the benefit of
ISSUE: W.O.N. EO 279 violated EO 200 where a the people
law shall take effect after 15 days following its
publication and W.O.N. legislative powers of the B. Treaties and International Agreements
President ceased to exist upon the convening of
the First Congress two days after EO 279’s Treaty, Defined
issuance, thereby making such issuance invalid. -An agreement between or among states which generally
governs their mutual conduct with one another
HELD: EO 279 is an effective and validly enacted
statute. There is nothing in EO 200 that prevent C. Statutes enacted by the Legislature
a law from taking effect on a date other than, or
before, the 15-day period after its publication. Statute Proper, Kinds
The 15-day period only applies to those laws that
do not provide for its own effectivity date. When As to nature
EO 279 was published, it became immediately Penal -imposes punishment of an offense
effective upon its publication. On EO 279’s Remedial -remedy former laws, reform or extend
validity, it was issued before the convening of rights
the First Congress therefore the President was Substantive -creates, defines, regulates the rights and
validly exercising her legislative powers. duties of parties
Labor -welfare of laborers, governs employer-
5. Classification of Laws employee relationship
Tax -exaction of money from the state to
Natural Law -divine inspiration in man, derives its force achieve legislative or general objective
and authority from God. Binding to the
whole world As to application
Mandatory -non-compliance renders act void or illegal
A. Physical Law -universal rule of action that governs the Directory -non-compliance does not invalidate act
conduct and movement of things i.e law of
gravitation As to performance
Permanent -continues in performance until altered or
B. Moral Law -establishes what is right and what is wrong repealed
as dictated by human conscience Temporary -fixed for a specified period

C. Divine Law -divine positive law 10 commandments; As to scope

divine human positive law, enacted by man General -applies to persons, entities, things as a
for their general welfare class omitting no one
Special -particular persons, entities, things
Positive Law Local -specific, within territorial limits

A. Public Law -Constitutional Law, the fundamental law of Others

the land which defines the powers of the Prospective -operates after it takes effect
government; Administrative Law, fixes Retrospective -affects acts already committed before
organization and its functions; International effectivity
Law, regulates the community of nations
B. Private Law - Substantive, creates duties, rights; and Repealing -revokes or terminates another statute
Procedural, means & methods in courts Amendatory -addition to the original law for
improvement (modifies or qualifies)
III. STATUTES
Reference -refers to other statutes and make them
1. Statute, Defined applicable to the subject of the new
-A written will of the legislature expressed according to the legislation
form necessary to constitute it a law of the state and rendered Declaratory -establishes its meaning & correct
authentic by certain prescribed forms and solemnities construction

3|P L A T O N

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.
4|P L A T O N
 HELD: 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
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
rd
commemorative of the 33 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,
1
condition for their effectivity , 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
1
Tañada vs. Tuvera, 136 SCRA 27
4. When a Bill becomes a Law, Process
* Proposal to the committee
st
* 1 reading (in session, read title, author, synopsis)
* Referred to appropriate committee
nd
* 2 reading (debate, interpolation, amendment, finalize)
* Endorse to plenary
rd
* 3 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
rd
-Bicameral Conference Committee (3 House of Congress)
* Enrolled Bill
*signed by Senate President and Speaker of the House
* Submit to President for approval (approve/ veto/ lapse into
law)
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
2
it influences the decision of the judges.
nd
-it comes from judicial authorities of the state and is the 2
major category of primary sources of law
2. Classes of Case Law
* Decisions Proper
3
-Decisions by regular courts of Justice
-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
4
Government
-Decisions of the Senate Electoral Tribunal and the
House of Representatives Electoral Tribunal
-Decisions of Administrative Agencies Exercising
Quasi-Judicial Powers, such as:
2
Legal-explanations.com 2010
3
Pedro Joven
4 Pedro Joven
5|P L A T O N
 -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
5
other official tribunal (court)
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
6 9
court
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
(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
(G.R. No.
identity of parties, subject matter and cause of action
146886 [2003])
8. Law of the Case, Defined
5 Hill, 2005
6 West's Encyclopedia of American Law, edition 2
-The doctrine that “when a court decides upon a rule of law,
that decision should continue to govern the same issue in
7
subsequent stages in the same case”
- 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
8
controlling authority or the overruling of former decisions.
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.
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)
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
10
importance in creating order in society.
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
7 Pedro Joven
8 West's Encyclopedia of American Law, edition 2
9 Civil Code, Paras (2008)
10 Studyworld.com, 2010
6|P L A T O N
-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. 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.
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
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 case with reference to a previous
case. Thus, Ayala is barred from enforcing the
Deed of Restrictions. Hence, the appeal to this
Court.
7|P L A T O N
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
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.
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
8|P L A T O N
* Supreme Court Psychological incapacity must be characterized
* Administrative Bodies by a) gravity, b) juridical antecedence, and c)
* Local Government Units incurability
* President
Psychological incapacity should refer to no less
4. Legal Research Process than a mental (not physical) incapacity that
causes a party to be truly incognitive of the basic
VI. FUNDAMENTAL RESEARCH SKILL: CASE BRIEFING AND marital covenants that concomitantly must be
SYNTHESIS OF CASES assumed and discharged by the parties to the
marriage which, as so expressed by Article 68 of
1. Case Briefing, Defined the Family Code, include their mutual obligations
-A digest or condensation of a case. It is a written summary to live together, observe love, respect and
identifying the essential components of a court opinion. fidelity and render help and support.

Case Briefing, Elements The intendment of the law has been to confine
the meaning of “psychological incapacity” to the
Citation -- most serious cases of personality disorders
clearly demonstrative of an utter insensitivity or
Parties -- inability to give meaning and significance to the
marriage. This psychologic condition must exist
Facts Events between the parties at the time the marriage is celebrated.
leading to the litigation
Undeniably and understandably, Leouel stands
Prior What happened in the lower aggrieved, even desperate, in his present
Proceedings courts situation. Regrettably, neither law nor society
itself can always provide all the specific answers
Issue Questions including the rule to every individual problem
of law applied to the facts
Petition is denied.
Ruling/ Holding Resolution of the issue or the
court’s decision on the 2. Synthesizing Cases
question that is actually
before it Chi Ming Tsoi vs. CA
266 SCRA 324
Reasoning Rule of Law applied
FACTS: On May 22, 1988, Gina Lao married Chi
Disposition -- Ming Tsoi. Since their marriage until their
separation on March 15, 1989, there was no
Comments Opinion sexual contact between them. Gina filed a case
of annulment of marriage on the ground of
psychological incapacity with the RTC of Quezon
Santos vs. CA City. The RTC granted annulment which was
240 SCRA 20 affirmed by the CA.

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.
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

9|P L A T O N
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.
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 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 self-conscious feeling of
being handsome, as the appellate court held.
Judgment affirmed.
10 | P L A T O N
 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 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 “same as above”
11 | P L A T O N
 Id, Idem “same page cited in the IX. LEGAL BIBLIOGRAPHY
case”
X. SPECIAL TOPICS
Search Materials and Finding Tools:
Legal Research - applying the law in the given set of facts
1. Citators
-They supply references to decisions in which other cases have FACTS EVIDENCE LAW
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
The duty of the legal researcher arises on the third instance
-A citator is a finding tool that provides the subsequent history where you have both the facts and the evidences but not the
of reported cases and lists of cases and legislative enactments law
construing, applying or affecting statutes
Cases
-Shepard’s Citations published by Shepard’s McGraw-Hill, lists -Published reports of dispute which have come before the court
virtually every published case by citation, in both official and including the reason for the decision and the decision itself
unofficial reporters, and then list under its citation every
subsequent case that has cited the case in question. The -Published reports found in the Official Gazette, Philippine
process of updating a case through this method is referred to as Reports, SCRA, SCANT, etc
Shepardizing.
Case Brief
2. Indexes -Written summary of the abstract of the case, in your own
-The word “index” usually means a subject-index which is like words
the index found in textbooks, statutes, etc. A subject index is an
alphabetically arranged topical words in which, by means of Case Brief, Elements
references under each topic, material relating to these topics 1. Facts
expressed in appropriate words is digested -Contains the parties involved, date of the case, controversies,
cause of action (arises from the act of another violating the
3. Bibliographies right of someone, the latter having the cause of action)
-A bibliography is a list of descriptions of published materials
either relating to a given subject, or by a given author. A 2. Issues
bibliography of law books may refer to a list of an author’s legal -Problem, sub-issues
words, or of the literature bearing on a particular subject or
field of law 3. Arguments
-Parties, court, discussion of pros and cons
VIII. ELECTRONIC RESEARCH -Formulation through general proposition from considering
facts (inductive reasoning)
Philippine Laws Premium Edition
4. Decision
Contents: -Application of the law
1. Subject Index
2. Selected Laws with Annotations Obiter Dicta (not binding)
3. Philippine Constitutions -Proposition or statement not pertinent in deciding the issues
4. Statutes in the case
5. Presidential Issuances
6. Supreme Court Issuances Holding
7. Spanish Era Code -Propositions actually relied on the decision
8. Treaties
9. Implementing Rules and Regulations Citation, Elements
10. Rules and Procedures 1. Name of the case
2. Volume #
Jurisprudence 3. Page #
1. G.R. Nos. 4. Date decided
nd
2. Cases from 1901-2009 (2010, 2 Quarter)
Example: People vs. Boncayao, 234 SCRA 567 (2010)
Description Code
Connected words “xxx” Methods
Proximity, in order “xxx”/10
A. Living Law Approach
Proximity, unordered “xxx”@10
Character replacer wom?n
1. Law Finder
Synonyms $
-Index, dictionaries, etc
Related root word extender %

12 | P L A T O N
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 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
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
13 | P L A T O N
specific Congress, the session number, the page number, and Republic v. Carpin
the date of deliberation in parentheses People v. Santos

II RECORD, HOUSE 6TH CONGRESS 1ST SESSION 24 (June 24, 1966) -cite cases involving public officers as follows:

VI. How to cite Administrative Materials and Regulations Gonzales v. Hechanova (Not Gonzales v. Executive Secretary)

1. Treaties: name of the treaty or agreement, the date of -cite local government units by their level, followed by their
signing, the parties, the subdivisions referred to (if applicable), official name
and the source
Province of Rizal v. RTC
Treaty of Friendship with India, July 11, 1952 (1953), II-2
-cite case names beginning with procedural terms like In re. as
2. Executive and Administrative Issuances: they appear in the decisions. Use In re instead of In the matter
A. issuance followed by the year of effectivity in parentheses, of
and the specific article or section
In re Elpidio Z. Magsaysay
Executive Order No. 329 (1972)
-in consolidated cases, cite only the first case
B. Presidential Acts under Martial Law
In Mabuhay Textile Mills Corp v. Minister Ongpin, 1 the court held that
xxx
General Order No. 39 (1972)
___________________
C. Other Executive Issuances 1
225 Phil. 383 (1986)

Secretary of Justice Opinion No. 271, s. 1982 C. Case Reports

D. Cite Rules and Regulations: abbreviated name of the agency Concepcion v. Paredes, 42 Phil. 599, 607 (1921)
together with the designation employed in the rules, serial People v. Suzuki, G.R. No. 120670, October 23, 2003, 414 SCRA 43
number, year of promulgation in parentheses, and the section
or paragraph *In multiple cases, start with the latest to the earliest

Labor Employment Service Regulation No. 3 (1966) 2. Rules of Court

E. Cite provincial, city, and municipal ordinances: name of the RULES OF COURT, Rule 130, Sec. 2, par. (b)
local government unit, serial number of ordinance, and date of
adoption 3. ROLLO & Other Court Records

Manila Ordinance 6120, January 26, 1967 A. Rollo. Capitalize the word “rollo” only at the beginning of a
citation or a sentence
VII. How to cite Court Decisions
Rollo, p. 21
1. Decisions and Resolutions CA rollo, pp. 109-122
Sandiganbayan rollo, p. 9
A. Case Title: surname of the opposing parties first mentioned CTA rollo, p. 10
-If there are two or more volumes:
B. Exceptions
Rollo, Vol. 3, p. 21
-cite Islamic and Chinese names in full
-In consolidated cases:
Lim Sian Tek v. Ladislao (Not Lim v. Ladislao)
Rollo (G.R. No. 123456), p. 21
-cite compound names in full
-In consolidated cases:
People v. De Guzman (Not People v. Guzman)
B. Records:
-cite names of corporations, associations, business firms and
partnerships in full. Words forming part of such names may be Records, pp. 210-214
abbreviated, except the first word MTC records, p. 123

Mata v. Rita Legarda, Inc. C. References to TSN (transcript of stenographic notes)

-cite cases involving the Government of the Philippines and TSN, January 30, 2003, pp. 21-22
criminal cases as follows:
D. Exhibits: quotation marks, followed by the source (e.g, rollo
U.S. v. Jaranilla or records)
Government v. Abadinas

14 | P L A T O N
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

15 | P L A T O N