LEGAL RESEARCH by Rufus B.

Rodriguez 02

Just and obligatory

-imposes a duty to obey

I. INTRODUCTION
Promulgated by legitimate authority
1. Legal Research, Defined
-by the legislature
-It is the process of finding the law, rules and regulations that
govern activities of human society. It is also defined as the
Common observance and benefit
investigation for information necessary to support legal
decision
-observed by all for the benefit of all
making.
3. Sources of Laws
2. Legal Research, Importance
-To provide competent representation* and uphold the
standards of
Constitution
the legal profession
Legislation, Administrative or Executive Acts
Judicial Decisions or Jurisprudence
*requires the legal knowledge, skill, thoroughness and
preparation
Customs
reasonably necessary for representation.
4. Effectivity of Laws
3. Legal Research, Sources
-Involves the use of a variety of printed* and electronic
Art. 2, Civil Code. Laws shall take effect after 15
sources.
days upon
completion of their publication in the Official Gazette,
unless
*constitution, statutes, court decisions, administrative rules
and
otherwise provided.
scholarly commentaries
*EO 200 in newspaper of general circulation
4. Legal Research and Bibliography, Distinguished
-Legal Research is the method or system of inquiry and
investigation
Taada vs Tuvera
involving the actual use of the law books, while Legal
Bibliography is
136 SCRA 27
concerned with the study of the materials essential to the
inquiry of
Invoking
the researcher.
FACTS: the
right of the people to be
informed on matters of public concern as well as
the
Legal
principle that laws to be valid and enforceable
Bibliography, Defined
must
be published in the Official Gazette, petitioners
-It is generally defined as the science or study of law books, their
filed
for writ of mandamus to compel respondent
history, evolution and description, their characteristics and use,
public
officials to publish and/or cause to publish
including such details as their authors, publishers, dates, editions
various
presidential decrees, letters of instructions,
and degree of authoritativeness.
general
orders, proclamations, executive orders, letters
of
implementations and administrative
5. Legal Bibliography, Importance
orders.
The Solicitor General, representing the
-The efficient use of law books can only be learned by study and
respondents,
moved for the dismissal of the case, contending
application. It is an aid in the process* of analyzing a legal question. that
petitioners have no legal personality to bring the
*where to find the law, in what book, and how
instant petition.
ISSUE: W.O.N. publication in the Official Gazette
6. Legal Research and Bibliography, Aim
is
required before any law or statute becomes
-In order to provide legal basis for a claim, one must present for
valid
consideration the authority which must be applied, and which the
and enforceable.

court is bound to apply.

HELD: Art. 2 of the Civil Code does not preclude
the
requirement of publication in the Official
7. Sources of Law
Gazette,
even if the law itself provides for the date of its
Primary Sources
-recorded laws and rules which will
effectivity. The clear object of this provision is to
be enforced by state
give the general public adequate notice of the
various laws which are to regulate their actions
and
conduc
notic
*legislative actions, codes, statutes, judicial decisions, administrative t
as citizens. Without such e
and
laws (IRR)
publication, there would be no basis for the
application of the maxim ignoratia legis
nominem
excusat. It would be the height of injustive to
Secondary Sources
-publications that discuss or analyze
punish
or otherwise burden a citizen for the
legal doctrine
transgression
*treatises, commentaries, encyclopedias, legal writings (Academic
of a law which he had no notice whatsoever, not
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

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
official an
s
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 content
its
s.
The
Court
LEGAL

RESEARCH

1 | PLATON

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. 1
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. The15-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

-universal rule of action that governs

A. Physical Law the
conduct and movement of things i.e
law of
gravitation
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Source: Internet

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B. Moral Law

2 | PLATON

-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

B. Private Law

-Constitutional Law, the fundamental law

of the

land which defines the powers of the

government; Administrative Law,
fixes
organization and its
functions; International
Law, regulates the community of
nations
- Substantive, creates duties, rights;
and
Procedural, means & methods in
courts

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

Others

Prospective
Retrospective

-operates after it takes

effect
-affects acts already committed
before
effectivi
ty

Repeali
ng

-revokes or terminates another

statute

Amendatory

-addition to the original law for

improvement
(modifies or
qualifies)

Referen
ce

Declaratory

-refers to other statutes and make

them
applicable to the subject of the new
legislation
-establishes its meaning & correct
construction

Statutes Proper, Parts

-gives the general statement of the subject
Title
matter
Preambl
-states the reason for, or the objects
e
of the
enactment
-indicates the authority which promulgates

Enacting Clause the

enactment
-contains the subject matter of the
Body
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
-legislature defines its own
Interpretative Clause
language
or prescribes rules for its
construction
Repealing
-announces the legislative
Clause
intent to
terminate or revoke another
statute
Saving Clause

Separability
Clause

-restricts a repealing act and

preserve existin
powers,
s
g
rights
and pending proceedings
from the
effects of the
repeal
-if for any reason, any
section or
b
provision is
held
to
e
unconstitution
th
al
orinvoked, e
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)

As to nature
Penal
Remedial
Substantive
Labor
Tax

-imposes punishment of an offense

-remedy former laws, reform or
extend rights
-creates, defines, regulates the rights
and
duties of parties
-welfare of laborers, governs
employeremployee relationship
-exaction of money from the state to
achieve
legislative or general objective

As to application
Mandatory -non-compliance renders act void or illegal Directory -non-compliance does not invalidate act
As to
performance
Permanent
Temporary

-continues in performance until

altered or
repealed
-fixed for a specified period

As to scope
General

-applies to persons, entities, things as

a class
omitting no one
-particular persons, entities, things
-specific, within territorial limits

Special
Local
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
L E G A L R E S E A R C H 3 | PLATON
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

RATIONALE: The rule of ejusdem generis does not

apply to PD 772 where the intent of decree is
unmistakable.
Aglipay vs Ruiz
64 SCRA 201
FACTS: Mons. Aglipay sought an issuance of
prohibition from the court to prevent Director of
Posts from issuing and selling postage stamps
commemorative of the 33rd International Eucharistic
Congress which violates the provision that no
public money or property shall ever be
appropriated, applied or used, directly or indirectly,
for the benefit, or support of any sect, church,
denomination or the principle of separation of
church and state.

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

HELD: Petition denied. RA 4052 which appropriates

a sum of P60,000 for the said stamps contemplates
no religious purpose in view. Stamps were not
issued and sold for the benefit of the Roman Catholic
Church; nor money derived from the sale given to
that church. Moreover, what is emphasized is not
the Eucharistic Congress itself but Manila as the seat
of that congress.
RATIONALE: What is guaranteed by our
Constitution is religious liberty and not mere
religious toleration. Religious freedom,
as a
Constitutional mandate, is not inhibition of profound
reverence for religion and is not a denial of its
influence in human affairs
*BODY consists of only one subject, as long as the
provisions are
allied and germane to the subject
*SEPARABILITY CLAUSE if so mutually dependent and connected,
or

intended as a whole, nullity of one part vitiates the rest

*DATE OF EFFECTIVITY publication in the Official Gazette, condition

for their effectivity1, except those interpretative

expression or indication of the real subject or scope
regulations and
of the act, is bad.
those internal in nature
*PREAMBLE does not create right nor grant any right, not a
source
D. Administrative Rules and Regulations
of government power, not an essential part of a statute
(Whereas)
E. Ordinances enacted by the Autonomous
Regions
People vs Echaves
95 SCRA 663

FACTS: Fiscal Ello filed before the lower court

separate informations against 16 persons charging
them with squatting penalized by PD 772. The
informations were dismissed on the grounds that
(1) entry should be by force, intimidation or threat
and not through stealth and strategy as alleged; (2)
PD 772 does not apply to the cultivation of a grazing
land. Motion for consideration was likewise denied.
The phrase and for other purposes in the decree
does not include agricultural purposes because its
preamble does not mention the Secretary of
Agriculture and makes reference to the affluent
class. Hence, the appeal to this Court.
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

F. Ordinances enacted by Local Government

Units
3. Philippine Legislative System
4. When a Bill becomes a Law, Process
* Proposal to the committee
* 1st reading (in session, read title, author,
synopsis)
* Referred to appropriate committee
* 2nd reading (debate, interpolation, amendment, finalize)
* Endorse to plenary
* 3rd reading (Vote via Viva Voce or Roll-call, Yeas or Nays)
* Second Committee (Repeat steps 2-6)
Harmonization of the bill, if necessary:
* Parallel reading between house and senate
-Bicameral Conference Committee (3rd House of Congress)
* Enrolled Bill
*signed by Senate President and Speaker of the House
* Submit to President for approval (approve/ veto/ lapse
into law)
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Taada vs. Tuvera, 136 SCRA 27

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| PLATON
5. Civil Law and Common Law System, Distinguished
-With respect to laws, the former are written laws at the time it was crafted while the latter are laws handed
down by elders through memory of men, originally unwritten then codified. In the former, judges only
interpret the laws because the legislature has the exclusive power of promulgating such; while in the latter
judges may legislate.
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 Justice2-Decisions of the Supreme Court-Decisions of the Court of Appeals-Decisions of
the Sandiganbayan-Decisions of the Court of Tax Appeals-Decisions of the Regional Trial Courts
-Decisions of the Metropolitan Trial Courts, the Municipal Trial Courts and the Municipal Circuit Trial Courts
* Subordinate Decisions
-Ruling of Boards, Commissions, and Administrative officers, and opinions of legal officers of the
Government3
-Decisions of the Senate Electoral Tribunal and the House of Representatives Electoral Tribunal
-Decisions of Administrative Agencies Exercising 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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1Legal-explanations.com

2010
Joven
3Pedro Joven
4Hill, 2005
5West's Encyclopedia of American Law, edition 2
2Pedro

(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 case6
- 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:
-Duty of lower courts to
1. Vertical Stare Decisis apply the
decisions of the higher
courts to
cases involving the same
facts.
(Obligation)
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6Pedro

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

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5 | PLATON

2. Horizontal Stare
Decisis

-Higher courts must follow its

own
precedents (Policy)
-Constitutional Stare Decisis
are
th
judicial interpretations of
e
Constitution; while, Statutory
Stare
Decisis are interpretations of
statute

s
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.

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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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
L E G A L R E S E A R C H 6 | PLATON
case with reference to a previous case. Thus, Ayala is
barred from enforcing the Deed of Restrictions.
Hence, the appeal to this Court.

ISSUE: W.O.N. our courts have jurisdiction over the

present case; W.O.N. the respondent judge erred in
applying the case of Lyons vs USA

HELD: The decision of the CA is reversed and set

aside. The law of the case or stare decisis cannot be
held applicable in the case at bench. The sole issue
raised before the appellate court was the propriety
of the lis pendens annotation.

HELD: Petition granted. The traditional rule of State

immunity exempts a state from being sued in courts
of another state without its consent. The reliance
placed on Lyons by the respondent judge is
misplaced. In the case, it can be seen that the
statement in respect of the waiver of State Immunity
from suit was purely gratuitous and therefore
obiter, thus, it has no value as an imperative
authority.

RATIONALE: The ruling covered by the doctrine of

the law of the case is adhered to in the single case
where it arises, but is not carried into other cases as
precedent.
Silliman University vs Fontelo-Paalan

525 SCRA 759

FACTS: Respondent was employed by the petitioner
and was assigned to the Medical Records Section of
the Silliman University Medical Center. She was later
promoted as the Head, the position she held until
her retirement at the age of 57 pursuant to the
provisions of the 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

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

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.

-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.
LEGALRESEARCH

Case Briefing, Elements

Citation

--

Parties

-Events between the

parties
leading to the litigation
What happened in the
lower
courts
Questions including the
rule of
law applied to the facts

Facts
Prior
Proceedings
Issue

7 | PLATON

Resolution of the issue or

Ruling/ Holding 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.
L E G A L R E S E A R C H 8 | PLATON
The following guidelines in interpretation and application of Article 36 of the Family Code are hereby handed
down for the guidance of the bench and the bar:
(1)Burden of proof belongs to the plaintiff
(2)Root causes of PI must be: medically or clinically identified; alleged in the complaint; sufficiently proven
by experts; and clearly explained in the decision
(3)PI must be proven to be existing at the time of the celebration of the marriage, although manifestation
need not be perceivable at such time
(4)Shown to be medically or clinically permanent
(5)Must be grave enough to bring about the disability of the party to assume the essential obligations of
marriage
(6)The essential marital obligations must be those embraced by Arts. 68-71 of the Family Code
(7)Interpretations given by the National Appellate Matrimonial Tribunal of the Catholic Church in the
Philippines, while not controlling, should be given great respect by our courts
(8)The trial court must order the fiscal and theSolicitor-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
L E G A L R E S E A R C H 9 | PLATON

observe the guidelines as outlined in Republic v. CA and Molina, 268 SCRA 198
Republic vs. Dagdag
G.R. No. 109975, February 9, 2001
FACTS: Plaintiff Erlinda Matias married Avelino Dagdag in 1975 and they begot children. A week after the
wedding, Avelino would disappear for months. During the times he was with the family, he indulged in
drinking sprees with friends and would return home drunk. He would likewise inflict physical injuries on her.

In 1983, Avelino left the family again and that was the last they heard from him. Erlinda later learned that
Avelino was imprisoned but escaped from jail.
In 1990, Erlinda filed with the RTC of Olongapo City a petition for nullity of marriage for psychological
incapacity. On December 17, 1990, the date set for presentation of evidence, only Erlinda and her counsel
appeared. Erlinda testified and presented her sister-in-law, Virginia Dagdag, as her only witness. Virginia
testified that she is married to the brother of Avelino. She testified that Erlinda and Avelino always quarreled,
and that Avelino never stayed for long at the 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 asShepardizing.
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, 2nd Quarter)
Description
Connected words
Proximity, in order
Proximity, unordered
Character replacer
Synonyms
Related root word extender

Code
xxx
xxx/10
xxx@10
wom?n
$
%

IX. LEGAL BIBLIOGRAPHY

X. SPECIAL TOPICS
Legal Research - applying the law in the given set of facts
FACTS

EVIDENCE

LEGALRESEARCH

LAW

10 | PLATON

The duty of the legal researcher arises on the third instance where you have both the facts and the
evidences but not the law
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
L E G A L R E S E A R C H 11 | PLATON
4. Format Principles: Principles that punctuation, typography, order of items within a citation, and the like.
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)

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)

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 6TH CONGRESS 1ST SESSION 24 (June 24, 1966)

VI. How to cite Administrative Materials and Regulations

1. Treaties: name of the treaty or agreement, the date of signing, the parties, the subdivisions referred to (if
applicable), and the source
Treaty of Friendship with India, July 11, 1952 (1953), II-2

2. Executive and Administrative Issuances:

A. issuance followed by the year of effectivity in parentheses, and the specific article or section
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)

-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
___________________

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

LEGALRESEARCH

12 | PLATON

-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
Concepcion
Concepcion
Concepcion

v.
v.
v.
v.

Paredes,
Paredes,
Paredes,
Paredes,

42 Phil. 599, 607 (1921)

supra
supra at 601
supra note 1, at 601

2. Id - when citing the immediately preceding footnote that has only one authority
1Concepcion

v. Paredes, 42 Phil. 599, 607 (1921)

2Id.
3Id.

at 601

3. Introductory Signals
A. Signals that indicate support
Cited authority directly states or
clearly
supports the proposition
authority
additiona
See also Cited constitutes
l
source material that supports the
proposition
Cf.
Meanscompare;
cited authority
supports a proposition different
from
the main proposition but
sufficiently
analogous to lend
support
See

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