This document outlines the principles and guidelines for legal citation in the Philippines. It discusses the purposes of legal citation which include providing sufficient information to allow readers to find cited authorities and consult them in an efficient manner. It then describes the principles for legal citation, including full address principles, minimum content principles, compacting principles, and format principles. The document proceeds to provide examples of how to cite various legal sources in a footnote, such as the constitution, session laws, codes, cases, treaties, and administrative issuances. It concludes with guidelines for signals and order of signals used to indicate the type and level of support from cited authorities.
This document outlines the principles and guidelines for legal citation in the Philippines. It discusses the purposes of legal citation which include providing sufficient information to allow readers to find cited authorities and consult them in an efficient manner. It then describes the principles for legal citation, including full address principles, minimum content principles, compacting principles, and format principles. The document proceeds to provide examples of how to cite various legal sources in a footnote, such as the constitution, session laws, codes, cases, treaties, and administrative issuances. It concludes with guidelines for signals and order of signals used to indicate the type and level of support from cited authorities.
This document outlines the principles and guidelines for legal citation in the Philippines. It discusses the purposes of legal citation which include providing sufficient information to allow readers to find cited authorities and consult them in an efficient manner. It then describes the principles for legal citation, including full address principles, minimum content principles, compacting principles, and format principles. The document proceeds to provide examples of how to cite various legal sources in a footnote, such as the constitution, session laws, codes, cases, treaties, and administrative issuances. It concludes with guidelines for signals and order of signals used to indicate the type and level of support from cited authorities.
documents or sources of authority in legal writing (Wikipedia).
Is a standard language that allows one writer to refer to legal authorities with sufficient precision and generality that others can follow the references (Cornell Library 2005).
Purposes of Legal Citation: When the right words are used, they serve as gems that give luster to a message or idea. Otherwise, it may take away the vigor of a message (Chief Justice Hilario Davide). 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. Full Address Principles Other Minimum Content Principles Compacting Principles Format Principles
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 retrieves it. Other Minimum Content Principles Principles that call for the inclusion in a citation 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).
Compacting Principles Principles that reduce the space taken up by the information items included in a citation. It includes standard abbreviation (Supreme Court to S.C.) and principles that eliminate redundancy. Format Principles Principles about punctuation, typography, order of items within a citation, and the like. Such principles apply to the optional elements in a citation as well as the mandatory ones. One need not report to the reader that a cited Supreme Court case was decided 5-4; but if one does, there is a standard form. Constitutional Text In the footnote, the Constitution is cited by reference to the article, section and paragraph. When the Constitution is no longer in force, enclose the year when it took effect in parentheses. Examples: CONSTITUTION, Art. VII, Sec. 2. CONSTITUTION, (1935), Art. III, Sec. 1 par. (3)
Constitutional Proceedings In the footnote, cite the constitutional record and journal by reference to the volume in roman; followed by the words RECORD, CONSTITUTIONAL COMMISSION or JOURNAL, CONSTITUTIONAL COMMISSION; page number; and the date of deliberation in parentheses. Example: II RECORD, CONSTITUTIONAL COMMISSION 24 (June 24, 1986
Session Laws In the footnote, cite session laws by referring to the law followed by the year of effectivity in parentheses, and the specific article or section. Example: Republic Acts, 1946-1972, July 27, 1987 to date Republic Act No. 4723 (1966), Sec. 2.
Codes In the footnote, cite the name of the particular code and either (1) the specific article or section, if the provisions in the code are numbered continuously; or (2) the headings, from general to specific, followed by the particular article or section, if the provisions are not numbered continuously. When the code is no longer in force or has been subsequently revised, put the year of effectivity in parentheses after the name of the code. Examples: CIVIL CODE, Art. 297 CIVIL CODE (1899), Art. 67. ADMINISTRATIVE CODE, Book IV, Title 1, Chapter 9, Sec. 29.
Legislative Proceedings In the footnote, cite the legislative record and journal by reference to the volume in roman numerals; followed by the words RECORD or JOURNAL, HOUSE or SENATE; the specific Congress; the session number; the page number; and the date of deliberation in parentheses. Example: II RECORD, HOUSE 6 TH CONGRESS 1 ST SESSION 24 (June 24, 1966)
Treaties Should include the name of the treaty or agreement, the date of signing, the parties, the subdivisions referred to (if applicable), and the source. Other relevant dates and their significance may be added at the end of the citation. Example: International Convention for the Elimination of All Forms of Racial Discrimination, opened for signature December 21, 1965, 660 UNTS 195 (effective January 4, 1969). Executive and Administrative Issuances In the footnote, cite executive and administrative issuances by referring to the issuance followed by the year of effectivity in parentheses, and the specific article or section. Examples: Executive Order No. 329 (1950). Proclamation No. 784 (1961). Administrative Order No. 21 (1966). Decisions and Resolutions CASE TITLE: Cite cases by giving the surname of the opposing parties first mentioned. Exceptions: Cite Islamic and Chinese names in full. Examples: Lim Sian Tek v. Ladislao Una Kibad v. COMELEC Decisions and Resolutions CASE TITLE: Cite compound names in full Example: People v. De Guzman Lagman v. Del Rosario Decisions and Resolutions CASE TITLE: Cite names of corporations, associations, business firms, and partnerships in full. Words forming part of such names may be abbreviated, except the first word. Examples: Mata v. Rita Legarda, Inc. Allied Workers Ass.n of the Phils. V. Republic Trading Corp. Decisions and Resolutions CASE TITLE: Cite cases involving the Government of the Philippines and criminal cases as follows: Examples: U.S. v. Jaranilla Government v. Abadinas Commonwealth v. Corominas People v. Santos Decisions and Resolutions CASE TITLE: Cite cases involving public officers as follows: 1. Where the person is named in an official capacity, use the name of the person only. Examples: City of Manila v. Subido Gonzales v. Hechanova Decisions and Resolutions 2. Where the office is named, use the complete title of the office: Examples: College of Internal Revenue v. Tan Eng Hong Chief of the Phil. Constabulory v. Sabung Bagong Silangan Decisions and Resolutions 3. Cite local government units by their level, followed by their official name. Examples: Province of Rizal v. RTC City of Cebu v. Ledesma Decisions and Resolutions 4. Cite case names beginning with procedural terms like In re. as they appear in the decisions. Example: In re Elpidio Z. Magsaysay
Supra Use the word .supra. to identify a material previously cited on the same or preceding page. It should not be used to refer to statutes or constitutions. Examples: 1 Concepcion v. Paredes, 42 Phil. 599 (1921). 2 Concepcion v. Paredes, supra at 601. Id Use .Id.. When citing the immediately preceding footnote that has only one authority. Indicate any particular such as paragraph, section, or page numbers in which the subsequent citation varies from the former. Examples: 1 Concepcion v. Paredes, 42 Phil. 599 (1921). 2 Id. 2 Id. at 601.
Introductory Signals (Signals that indicate support) No signal. Cited authority identifies the source of a quotation, or identifies an authority referred to in text. See. Cited authority directly states or clearly supports the proposition. See also. Cite authority constitutes additional source material that supports the proposition. Cf. Cited authority supports a proposition different from the main proposition but sufficiently analogous to lend support. It literally means .compare.. Introductory Signals (Signals that suggests a useful comparison) Compare xxx (and) xxx with xxx (and) xxx. Comparison of the authorities cited will offer support for or illustrate the proposition. The relevance of the comparison will usually be clear to the reader only if it is explained. Introductory Signals (Signals that indicate contradiction) But see. Cited authority directly states or clearly support a proposition contrary to the main proposition. But cf. Cited authority supports a proposition analogous to the contrary of the main proposition. Introductory Signals (Signals that indicate background material) See generally. Cited authority presents helpful background material related to the proposition. The use of a parenthetical explanation of the source materials relevance following each authority introduced by See generally is encouraged. Order of Signals When more than one signal is used, the signals (together with the authorities they introduce) should appear in the the order in which they are listed. Signal of the same basic type . Supportive, comparative, contradictory, or background . must be strung together with a single citation sentence and separated by semicolons. Signals of different types, however, must be grouped in different citation sentences.