INTRODUCTION TO LAW REVIEWER

an obligatory rule of conduct for all

THEORY OF LAW AND LEGAL THEORIES its members.”
o St. Thomas Aquinas (1225-1274):
By: Atty. Daryl Bretch Largo (Summa Theologica)
 “Law is an ordinance of reason
Theory of Law ordered towards the common
good, promulgated by him who has
As a component of Philosophy of Law, theory of law charge of the community”
attempts to answer the following questions:  law is a “rational standard for
conduct”
What is Law? o Hans Kelsen (Pure Theory of Law, 1934;
What is the nature of law? General Theory of Law and State, 1945):
What justifies law?  ‘Law is an order of human behavior.
 An “order” is a system of rules. Law
Legal theory is not, as it is sometimes said, a
within the domain of law and jurisprudence; rule. It is a set of rules having the
 more on “legal or judicial reasoning” or “legal kind of unity we understand by a
thinking and justification”; system.’
 may also be called “applied philosophy of law”;  Law, along with morals and religion,
 others refer to this as properly called is a “social phenomenon” that has
“jurisprudence” (as distinguished from “case its own criteria
law”) o Oliver Wendell Holmes, Jr. (“The Path of
 in most cases, the study of “theory of law” and the Law”, 10 Harvard Law Review 457,
“legal theories” in interrelated. 1897):
 “Ours is a government of LAWS and not of men”  Law is “a body of dogma or
 Preamble: “…. And to secure to ourselves the systemized prediction”
blessings of democracy under the rule of LAW  “The prophecies of what the courts
and a regime of truth, justice, freedom…” will do in fact, and nothing more
 “Common LAW” vs. “Civil LAW” pretentious, are what I mean by the
 “International LAW as part of the LAW of the law”
land”  On “law and “morality”:
 “Family LAW, Criminal LAW, Commercial LAW” o The Bad Man Theory (The
law is what the bad man
 “Foreign LAW vs. Domestic LAW”
thinks it is)
 “LAW of the case”
o Oliver Wendell Holmes, Jr.’s
 …. “unless otherwise provided for by LAW”
“The Bad Man Theory” (also
 “Ignorance of the LAW excuses no one from
known as “Prediction
compliance therewith”
Theory”):
 If you want to know
o Felipe Sancez Roman (1850-1916):
the law and nothing
 Law in “general sense”: “the science
else, you must look
of moral rules, founded on the
at it as a bad man,
rational nature of man, which
who cares only for
govern his free activity, for the
the material
realization of the individual and
consequences
social ends, of a nature both
which such
demandable and reciprocal.”
knowledge enables
 Law in its “specific sense”: “a rule of
him to predict, not
conduct, just, obligatory,
as a good one, who
promulgated by the competent
finds his reasons for
authority for the common good of a
conduct, whether
people or nation, which constitutes
 INTRODUCTION TO LAW REVIEWER

inside the law or o Positive laws that are just “HAVE THE
outside of it, in the POWER OF BINDING IN CONSCIENCE”
vaguer concept of o A “just law” is one that is consistent
conscience.” with natural law, that is, it is “ORDERED
TO THE COMMON GOOD”.
General Classifications of Law o “EVERY HUMAN LAW HAS JUST SO
 JURAL LAW MUCH OF THE NATURE OF LAW, AS IT IS
1. PARTICULAR SENSE (specific rule of a DERIVED FROM THE NATURE OF LAW.
statute or court opinion) BUT IF IN ANY POINT IT DEFLECTS FROM
2. COLLECTIVE SENSE (branch of law or THE LAW OF NATURE, IT IS NO LONGER
system) A LAW BUT A PERVERSION OF LAW”
3. ABSTRACT SENSE (precepts and ideals) Modern Natural Law Theory
 NON-JURAL LAW  Lon Fuller (The Morality of Law, 1964):
1. Divine Law o Law is “THE ENTERPRISE OF
2. Natural Law SUBJECTING HUMAN CONDUCT TO THE
3. Moral Law GOVERNANCE OF RULES”.
4. Physical Law o Law is seen as “guiding principle”, a
tool, a means to an end
Major Legal Theories: o To be called “law”, it must comply with
 Natural Law Theory certain criteria (“INTERNAL
 Legal Positivism MORALITY”): laws must be general,
 Legal Realism promulgated (announced), should not
 Legal Formalism be retroactive, understandable, not
 Constructivism contradictory, should require
 Critical Legal Studies (CLS) reasonable conduct, constant through
time, administered as announced.
Natural Law Theory  Ronald Dworkin: (Law’s Empire (1986); Taking
 Traditional Natural Law Theory – suggests that Rights Seriously (1978) (“Political and Moral
the validity of laws (that are man-made) is Right Theory”)
tested on the basis of some “higher law”, such o Laws include not just the norms found
as reason, morality, or divine law. (Cicero, Plato, in treaties, customs, constitution,
Aquinas, etc.) statutes, and cases, but also moral
 Modern Natural Law Theory – assails the principles that provide the best
validity of legal positivists propositions. Because justification for the norms found there
this theory is more refutations to legal o He observes that the things justified by
positivists, rather than its relation to the moral principles are socially constructed
thinking of Aquinas, etc., this is sometimes but the justifications (arguments)
called modern natural law theory. themselves are not
Traditional Natural Theory o He offers “interpretative approach” to
 Cicero (106 BC-43 BC) (Republic): law such that for him “legal claims are
o “TRUE LAW IS RIGHT REASON IN interpretative judgments and therefore
AGREEMENT WITH NATURE; IT IS OF combine backward-and-forward-looking
UNIVERSAL APPLICATION, elements.”
UNCHANGING AND EVERLASTING; … …
… IT IS A SIN TO TRY TO ALTER THIS LAW Legal Positivism
NOR IS IT ALLOWABLE TO ATTEMPT TO  Presupposes two principles:
REPEAL ANY PART OF IT, AND IT IS 1. Law is a “social fact or convention”;
IMPOSSIBLE TO ABOLISH IT ENTIRELY” 2. There is no necessary connection
o Cicero, therefore, believes that some between law and morality (separation
norms are INHERENT and UNIVERSAL of law and morality (Separability
 St. Thomas Aquinas (1225-1274): Thesis)).
 INTRODUCTION TO LAW REVIEWER

 T. Hobbes, J. Bentham and J. Austin:  Kelsen believes in the idea that there is a
 Laws are constructed from commands, hierarchy of norms beginning from the
threats, and obedience “Basic Norm” where all other norms are
 Laws are handed down by a “sovereign” related to each other
backed by threats of force Positivist:
 The “sovereign” is a person or group who Law and Morality are separate
enjoys the habitual obedience of most H.L.A. Hart (The Concept of Law, 1961, 1994, 2012):
others but does not habitually obey anyone “There is no necessary connection between law and
else (Leslie Green) morals”
 John Austin (“Father of Legal Positivism”) (1790- “It is in no sense a necessary truth that laws reproduce
1859): or satisfy certain demands of morality”
 “The existence of law is one thing; its merit
or demerit is another. Whether it be or not  Leslie Green on H.L.A. Hart’s The Concept of
be is on enquiry; whether it be or be not Law:
conformable to an assumed standard, is a o “The fact that a policy would be just,
different enquiry. A law, which actually wise, efficient, or prudent is never
exists is a law, though we happen to dislike sufficient reason for thinking that it is
it, or though it vary from the text, by which actually the law, and the fact that it is
we regulate our approbation and unjust, unwise, inefficient or imprudent
disapprobation” is never sufficient reason for doubting
 H. L. A. Hart (The Concept of Law, 1961, 1994, it. According to positivism, law is a
2012): matter what has been posited (ordered,
 Hart believes that anything in the law is decided, practiced, tolerated, etc.).”
there because some person or group put it  Emmanuel Kant: (Metaphysical First Principles
there intentionally or accidentally; it all has of the Doctrine of Right)
history and it can be changed; is either o “However well disposed and law
known or knowable; some of our laws have abiding men might be… individual men,
good justifications and some do not, and people and states can never be secured
justifications do not anyway suffice to make against violence from one another,
law. To do that, we need human since each has its own right to do what
intervention: orders need to be given, rules seems right and good to it, and not to
be applied, decisions to be taken, customs be dependent upon another’s opinion
to emerge or justifications to be endorsed about this. So, unless it wants to
or asserted. Laws, to Hart, are “posited” renounce any concepts of Right, the
(fixed). first thing it has to resolve upon is the
 Contrary to the view of Hobbes, Bentham principle that it must leave the state of
and Austin, H.L.A. Hart speaks of laws as nature, in which each follows its own
consisting of rules, including practices and judgment, unite itself with all others
customs. He believes that there are laws (with which it cannot avoid interacting),
that are not coercively enforced (sanction- subject itself to a public lawful external
free laws). coercion, and so enter into a condition
 H.L.A. Hart believes that all legal systems in which what is to be recognized as
have “Primary Rules” and “Secondary belonging to it is determined by law.”
Rules”
 Hans Kelsen (Pure Theory of Law, 1967) Legal Realism (Skepticism)
 Kelsen is a Positivist Theorist, but claims  American Theory of Law (led by O.W. Holmes,
that while laws were “posited”, there were Jr.)
“presuppositions” to laws that made them  Legal Realists take a “realistic” look at how
valid (by “validity”, Kelsen refers to judges decided cases, at “what the courts … do
acceptability” of laws by the governed) in fact” (O.W. Holmes, Jr.)
 INTRODUCTION TO LAW REVIEWER

 Lawyers recognize that judges are influenced by about form … A murderer has been
more than legal rules; they decide cases caught with blood on his hands,
according to “how the facts of the cases strike bending over the body of his victim; a
them”; that judges openly consider the policy neighbor with a video camera has
implications of legal rules and decisions (Brian filmed the crime and the murderer has
Leiter) confessed in writing and on videotape.
 Law and is in some point “rationally We nonetheless insist that before the
indeterminate”; state can punish this miscreant, it must
 Distinctly American: “The Constitution is what conduct a full-dress criminal trial that
the Supreme Court says it is.” – President results in a verdict of guilty. Is that not
Eisenhower formalism? Long live formalism! It is
 Legal Realists often criticize “Formalism” (of what makes us a government of laws
Christopher Langdell) in law. and not of men.
 American Legal Realists argue that, unlike Constructivism
classical legal theorists, legal reasoning is not  Advanced by Ronald Dworkin, this legal theory
independent from moral and political argues that judges decide, not because it is
considerations. what the law mandate, but because it is what is
 Holmes believes that lawyers and judges are not required by some standards of “morality” or
logicians and mathematicians. “The life of the “justice” that made up or formed the norm or
law has not been logic: it has been experience.” law, the same standards that provide for
Necessities of the time, the prevalent moral and justification of the norm.
political theories, intuitions of public policy, and  See “Riggs vs. Palmer” (US CA Case 1889)
even the prejudices which judges share with  Ronal Dworkin’s Theory is also called
their fellow-men, better determine the rules by “Interpretivism”
which men should be governed Critical Legal Studies (CLS)
 Legal Realists are often criticized for favoring  CLS advocates believe in the “inadequacy of
“Judicial Activism” (as opposed to “Judicial law” or “emptiness of the law”; that statutes
Restraint”), where judges base their decisions and case law cannot definitely determine the
on their personal and political considerations outcome of the case (“legal indeterminacy”;
rather than the law  Seeing “rights” as correlative (every entitlement
 Legal rules and reasons figure simply as post of right is limited by the competing rights of
hoc rationalizations for decisions reached on others), CLS argued that the liberal ideals of
the basis of non-legal considerations. (Brian freedom cannot actually be realized in a legal
Leiter) regime and that the efforts to realize them will
only result in doctrine that will remain
Legal Formalism debatable
 A positivist theory of law, it focuses on the role  The grant of “property right” (in
of judges, that they must be constrained in Instrumentalism), simply confers power over
interpreting and applying the law. It is a theory others = coercion of consent
of legal justification.  CLS also believes that “law is politics” (Marxist
 For a formalist, a law is already the product of Theory)
normative and policy consideration in the
formation of the law. Hence, a judge should not What justifies law?
say what the law should be but should confine
itself to what the law is Why obey the law?
 Justice Antonin Scalia (A Matter of  Is it because of the “content” of the command?
Interpretation, 1997):  Is it because of the nature of the “source” of the
o “Of all the criticisms leveled against command?
textualism, the most mindless is that it  Is it because of the “process” of making or
is formalist. The answer to that is, of issuing the commands?
course it’s formalistic! The rule of law is
 INTRODUCTION TO LAW REVIEWER

Why the theories on political authority?  According to Raz, what should guide
 Because anarchists ask government decisions about what commands to
 Anarchists believe that each person has a duty give subjects is what the subjects already have
to act on the basis of his own moral assessment reason to do
of right and wrong and has the duty to reflect  A law that takes the place of reason becomes
on what is right and wrong in each particular legitimate and binding.
instance of action. --- duty to act Reasonable Consensus Theory
“autonomously” is incompatible with duty of  The basic principles that regulate the coercive
obeying political authority. (Wolff) institutions should be ones that the reasonable
 Anarchists also believe that “each person has a members can agree to (Rawls, 1996)
right not to be bound by the state’s commands.  The liberal state must commit itself to the “ideal
(Simmons; Green) of public reason”
 The philosophical anarchist then argues that  John Rawls argues that the liberal principle of
only if a person consents to being bound to the political legitimacy requires that coercive
political authority can the person actually be institutions be so structured that they accord
bound. And because it is impossible to obtain with the reasonable views of the members of
every consent, no state is legitimate and the society. As long as they do so they have the
perhaps no state can ever be legitimate. (does right to impose duties on their members
not have the right to rule)  (See: Rawl’s “Political Liberalism”)
 But, it does not suggest that one must never  Citizens do not have to agree on everything but
obey the state only on those principles that apply to the basic
structure of society
The Consent Theory Associative Obligations Theory
 A political authority is legitimate only if it has  A political society can have legitimate authority
the consent of those who are subject to its even if it is not a voluntary association and even
commands. (Necessary condition to legitimacy if there is disagreement on many political
but not necessarily the sufficient condition) principles. (Dworkin)
o “Social Contract Theorists”  Models: family, friendship
 Hobbes --- absolute authority  Dworkin argues that legitimate political
 Locke --- limited authority authority arises as a consequence of the
 Rousseau --- authority is the acquisition on the part of members of a political
general will, popular society of obligations to obey the rules of a
sovereignty is inalienable, genuine associative community
cannot be transferred  Ronald Dworkin, in his Law’s Empire (1986),
o The problem in Consent Theory argued that the obligation to obey the law is an
 How to determine whether “associative” obligation
there is really consent (tacit vs.  Associative obligations, for Dworkin, refer to
express) (is silence consent>) “special responsibilities (that) social practice
 When is consent given and attaches to membership in some biological or
how? social group, like the responsibilities of family or
 How does the giving of consent friends or neighbors.”
“legitimize” political theory Democratic Theories
 Locke said “consent” is given in  When there are disagreements among persons
the hypothetical state of nature about how to structure their shared world
Instrumentalist Theory together and it is important to structure that
 “authoritative directives should be based on world together, the way to choose the shared
reason which already independently apply to aspects of society is by means of a decision
the subjects of the directives and apply to the making process that is fair to the interests and
subjects of the directives and are relevant to opinions of each of the members
their action in the circumstances covered by the
directive” (Raz, 1986.)
 INTRODUCTION TO LAW REVIEWER

 When an outcome is democratically chosen and  Physical Law – universal rule of action
some people disagree with the outcome, as that governs the conduct and
some inevitably will, they still have a duty to go movement of things which are non-free
along with the decision because otherwise they and material
would be treating the others unfairly  Moral Law – set of rules which
 “majority rules” establishes what is right and what is
o HABERMAS’ THEORY wrong as dictated by the human
 THE ONLY LAW THAT COUNTS conscience
AS LEGITIMATE IS ONE THAT  Divine Law –
COULD BE RATIONALLY a. Divine Positive Law, i.e. Ten
ACCEPTED BY ALL CITIZENS IN A Commandments
DISCURSIVE PROCESS OF b. Divine Human Positive Law, i.e.
OPINION-AND WILL- Commandments of the Church
FORMATION. (“procedural
conditions for rational will- Kinds of Human Positive Law
formation”)  According to force and effect:
 In analyzing legitimacy of the 1. Mandatory and/or Prohibitory Laws –
law, Habermas first talked those which have to be compiled with,
about a “system of rights” that because they are expressive of public
mediates two related tensions: policy: disobedience is punished either
between private and public by direct penalties or by considering an
autonomy, and between basic act or contract void
rights and popular sovereignty. 2. Permissive or suppletory Laws – those
But these rights must be which may be deviated from, if the
justified and made legitimate individual so desires
through a “legislative  According to the scope or content of the
procedure” that is based on the law:
“principle of popular 1. Public Law – that which governs the
sovereignty.” relations of the members of a
community with one another. (This
Some Theories about legitimacy of political authority includes Political Law, Criminal Law,
 Consent theories Law on Taxation).
 Reasonable consensus theories 2. Private Law – that which regulates the
 Associative obligation theories relations of the members of a
 Instrumentalist theories community with one another. (This
 Divine Right of Kings theories consists of Civil Law, Labor Law and
 Democratic theories Commercial Law)
 According to whether a right is given, or
Classification of Law merely the procedure for enforcement is
I. NATURAL LAW laid down:
 This derives its forces and authority from God. It 1. Substantive Law – that which
is superior to other laws. It is binding to the establishes rights and duties
whole world and in al countries 2. Remedial that which prescribes the
II. HUMAN POSITIVE LAW manner of enforcing legal rights and
 This law is promulgated expressly or indirectly claims
by competent human authority for the common
good, and usually, but not necessarily, imposing POLITICAL LAW
sanction in case of disobedience  That branch of public law which deals with
the organization and operations of the
Kinds of Natural Law governmental organs of the state and
 INTRODUCTION TO LAW REVIEWER

defines the relations of the states with the It consists, among others, of:
inhabitants of the territory.  Labor Law I
 Labor Law II
It consists, among others, of:
 Constitutional Laws I and II COMMERCIAL LAW
 Administrative Law, Law on Public Officers  Body of law that applies to the rights, relations
& Elections Laws and conduct or persons and businesses engaged
 Public International Law in commerce, merchandising and trade
It consists, among others, of:
CRIMINAL LAW  Corporation Law
 That branch of law which defines offenses  Negotiable Instruments Law
and specify the corresponding penalties
therefore. REMEDIAL LAW
 It refers to the means and methods of setting
It consists, among others of: the courts in motion, making facts known to
 Criminal Law I them and effectuating their judgments
 Criminal Law II
It consists, among others, of:
TAXATION  Civil Procedure
 That branch of law which deals with the  Criminal Procedure
imposition and collection of taxes  Evidence
 Special Proceedings
It consists, among others of:
 Taxation I KINDS OF LAWS
 Taxation II CLASSIFICATION OF LAW
I. NATURAL LAW – This derives its forces and
CIVIL LAW authority from God. It is superior to other
 That branch of law which every particular laws. It is binding upon the whole world and
nation or state has established peculiarly for in all countries
itself. This law concerns with civil or private II. HUMAN POSITIVE LAW – This law is
rights and remedies, as contracted to criminal promulgated expressly or indirectly by
law competent human authority for the
common good, and usually, but not
It consists, among others of: necessarily, imposing sanctions in case of
 Persons and Family Relations disobedience
 Property
 Obligations and Contracts I. KINDS OF NATURAL LAW
 Succession  Physical Law – Universal rule of action
 Sales that governs the conduct and
 Credit Transactions movement of things which are non-free
 Agency, Trust and Partnership and material
 Torts and Damages  Moral Law – Set of rules which
 Transportation Law establishes what is right and what is
wrong as dictated by the human
LABOR LAWS conscience
 That branch of law which deals with the  Divine Law
relationship between the employer and the i. Divine Positive Law, i.e. Ten
employee, as well as the working conditions, Commandments
wages, fringe benefits, grievances and ii. Divine Human Positive Law, i.e.
association of employees Commandments of the Church
II. KINDS OF HUMAN POSITIVE LAW
 INTRODUCTION TO LAW REVIEWER

 According to force and effect:  Judicial power rests with the Supreme Court
1. Mandatory and/or and lower courts as may be established by the
Prohibitory Laws – those law
which have to be complied  Under the constitution, the Supreme Court is
with, because they are composed of a Chief Justice and fourteen
expressive of public policy: Associate Justices who shall serve until the age
disobedience is punished of seventy (70).
either by direct penalties or  Judicial and Bar Council (Constitution, Art. VIII,
by considering an act or Sec. 8)
contract void  Philippine Judicial Academy (A.O. no. 35-96)
2. Permissive or suppletory Laws
– those which may be Courts of Appeals
deviated from, if the  Established by C.A. No. 3 (Dec. 31, 1935)
individual so desires  Composed of 11 justices with J. Pedro
 According to the scope or content of Concepcion as first PJ
the law:  Increased to 15 in 1938 and 17 in 1942 (E.O. No.
1. Public Law – that which 4)
governs the relations of the  CA was regionalized in 1944 when 5 District CA
individual with the State or were organized for Northern, central and
ruler or community as a Southern Luzon, for Manila, and for Visayas and
whole. (This includes Political Mindanao.
Law, Criminal Law, and Law  This was abolished by President Osmena in
on Taxation) 1945 due to prevailing abnormal conditions
2. Private Law – that which  CA was re-established in 1946 (R.A. No. 52 with
regulates the relations of the a PJ and 15 Assoc. Justices
members of a community  Composition increased by the following
with one another. (This enactments: 18 (RA 1605); 24 (RA 5204); 50 (BP
consists of Civil Law, Labor 129); 69 (RA 8246)
Law, and Commercial Law)  Composition increased by the following
 According to whether a right is given, or enactments: 18 (RA 1605); 24 (RA 5204); 50 (BP
merely the procedure for enforcement 129); 69 (RA 8246)
is laid down:  RA 8246 – CA was again regionalized with the
1. Substantive Law – that which establishment of CA in Cebu and CDO
establishes rights and duties  BP 129 changed the name of CA to IAC and EO
2. Remedial (or procedural or 33 brought back its name to CA
adjective law) – that which
prescribes the manner of Regional Trial Courts
enforcing legal rights and  Divided into 13 Judicial Regions
claims  Some branches are designated by SC as special
courts to handle agrarian cases and urban land
GOVERNMENT STRUCTURE reform cases
 Executive Branch – the President is vested with  A.O. 104-96: courts were designated to handle
the executive power (Constitution, Art. VII, Sec. criminal cases of kidnapping, robbery,
1). The other members of the Executive Branch carnapping, IP violations and libel cases and
are the Vice-President and the Heads of special commercial courts
Executive Departments or Cabinet members  RA 9165, some brances were designated as
 Legislative Department – Legislative power is Drugs Court
vested in the Congress of the Philippines,  RA 8369, some branches were designated as
consisting of the Senate and the House of family courts
Representatives (Constitution, Art. VI, Sec. 1).
Municipal Trial Courts
 INTRODUCTION TO LAW REVIEWER

 Established in city and municipality A.M. No. 08- Counterclaim – an opposing claim filed by the
8-7-SC (Small Claims Cases) defendant against the plaintiff
Court Rules – procedural rules promulgated to govern
Legal Glossary both civil and criminal practice before the court
Ab Initio – from the beginning De Facto – in fact
Acquit - to set free a person who has been charged with De Jure – in law
a crim De Novo – from the beginning
Act – an alternative name for statutory law Decendent – one who has died
Ad Litem – while the action is pending Dictum – judge’s opinion that is not addressed to the
Adjudicate – to settle by law issue before the court
Affidavit – a sworn or affirmed written statement or Duces Tecum – bring with you
declaration Ergo – therefore
Aggrieved – injured Et al. – and others
A.K.A. or a.k.a. – also known as Ex officio – by virtue of official position
Alter Ego – another self Ex parte – pertaining to only one side
American Jurisprudence, 2d – the name for a major Ex post facto – done after the fact
legal encyclopedia published by Lawyers’ Co-operative In pari causa – in a similar case
Publishing Company In pari delicto - equally at fault
Amicus Curiae – friend of the court In perpetuam – forever
Ancillary – subordinate or auxiliary In personam – against the person
Annotated – explained or commented upon by use of In re – in regard to
remarks or notes In rem – against the thing
Annul – to make void Inter alia – among other things
Ante Litem – before the suit Inter vivos – between living persons
Appellant – a person who takes an appeal from one Interlocutory – provisional
court to another Intestate – condition of having died without a will
Blue Book – the popular name for A Uniform System of Ipso facto – from the fact itself
Citation which is distributed by the Harvard Law Review Jurisprudence – philosophy of the law
Bona Fide – in good faith Lien – right of a creditor against a specific property
Breach – to violate a law, right or duty Lis pendens notice of pendency of suit
Brief – a written statement required by the Rules of Mandamus – we command; a command from a
Court competent jurisdiction
Case in Point – a judicial opinion that deals with a Non Sequitur – it does not follow
factual situation similar to the one being researched Nunc pro Tunc – Now for then’ to take effect on a
Case Law – the law of reported appellate judicial former date (i.e., order pro tunc is an order clarifying a
opinions previous order on clerical matters)
Caveat – caution Parol evidence – verbal evidence
Certiorari – a writ issued by a superior court to an Pendente lite – while litigation is pending
inferior court (“to be informed of”) Per Curiam – an opinion by the entire court (“by the
Chattel – personal property court”)
Citation – a reference to an authority Per se – by itself
Citators – a set of books that provide subsequent Prima facie – on the face of it; at first view
judicial history and interpretation of reported decisions Pro rata – in proportion
Code – a compilation of statutes organized by topic Pro tanto – to that extent
Concurring opinion – a separate opinion written by a Pro tempore – for the time being
justice who agree with the majority decision but Quash – annul
disagree with the reasons for arriving at a decision Quan pro Quo – mutual consideration
Convey – to transfer Quiet title – an action to bring a dispute to court and
Corpus Juris Secundum – a name of a major cause a party to establish his claim on land
encyclopedia published by West Publishing Company Ratio decidendi – the basis for the decision of case
Re – in regard to
 INTRODUCTION TO LAW REVIEWER

Replevin – a person action brought to recover  Librarian, Colleague, Professor, Consultant,

possession of unlawfully taken goods Lecturer, Superior, Assistant, Gov’t
Res – subject matter of suit Employee
Res gestae – matter incidental to main fact 3. Information may come through participation in
Res ipa loquitur – think speaks for itself –
Res judicata – once a matter is finally decided by court,  Seminars, Symposia, Convocations,
it may not be re-litigated Conventions, Round Table Dialogues, Gov’t
Sans – without Employee
Sic – in this manner 4. Information may be in any of the following
Sine die – without fixing a ay (indefinitely) types of legal materials:
Situs – location or place (i.e., situs criminis – scene of  Textbooks, Digests, Journals, Dictionaries,
crime) Encyclopedias, Newspaper Digests, Legal
Status quo – the existing state Forms, Citators, Law Reports, Audio/Video
Statute of limitations – statute setting time limit within Cassette, Text of Law, Briefs and
which an action must be brought Memoranda
Subpoena – a writ that compels a witness to appear and
give testimony A. BY AUTHORITY
Subpoena duces tecum – a write to produce certain Books may be of primary authority or secondary
papers authority depending on their content. The law
Sui generis – in its own class (i.e. disbarment itself is the subject.
proceedings are sui generis) o Primary authority – is mandatory or
Testate – having left a wil imperative; primary authority is found
Tort – a legal wrong in direct legislation and judicial
To wit – namely decisions
Venue – the place where a case is to be tried o Examples:
Verbatim – word for word  Books of primary
Viva voce – by voice authority are official
Waive – to relinquish a right authentic repositories
Westlaw – computer-assisted legal research service of legislation and
developed by the West Publishing Company courts’ decisions
 Administrative rules
SOURCES OF LAW and regulations
For students of law, the main task is to look for adopted pursuant to
authority. How? Research law, have the force and
 As a legal researcher, you will be able to locate effect of law, and for
sources of law that can be incorporated into hat reason, constitute
written legal materials that may be submitted authority of a primary
to the court, client or third party nature
 Research as means to: o Effect? Binding upon courts
a. Locate these sources o Primary authority may be sub-
b. Read and understand them divided:
c. Evaluate them so that you will be able to  Mandatory primary
make the best selection possible from authority – law created
among them by the jurisdiction in
which the law operates
WHERE-WHO-WHEN-WHAT approach  Persuasive mandatory
1. Where to go? authority – law created
 Personal books, office/institutional library, by other jurisdictions
government office involved but which have
2. To whom one may turn to? persuasive value to our
courts (esp. when there
 INTRODUCTION TO LAW REVIEWER

are no Philippine refers to and cites this law. Secondary

authorities available) authority may also be accepted where is
o Secondary Authority – is at best, little primary law on the subject
persuasive. Secondary authority is not  Secondary sources can be invaluable aids to
really authority at all the researcher
o Examples:  Secondary sources can provide a
 Indexes to authority, springboard for beginning a research
like case digests and project. At this stage the researcher may
encyclopedias and the consult secondary sources:
means like citators, for 1. To obtain background information and
appraising the value of an overview of an unfamiliar subject
authority area;
 Commentaries of legal 2. To obtain citations to primary
experts and test and authorities to launch the research;
treatise writers 3. To suggest further issues or analytic
o The opinion of the Secretary of approaches to the problem
Justice, is secondary authority. B. BY SOURCE
It is generally binding upon the Law books are now generally classified likewise into
executive department and is primary source materials and secondary source
persuasive upon the courts materials
o Opinions of SEC, BSP are also  Primary Source is the official publications of
secondary the government or any of its agencies
o Books of secondary authority  Different from classification as to authority
are those where the primary (content) as it deals here on “who” or
authority is commented on, “what” is the source of the legal material,
criticized, or explained. They not content
include books of search, books  Examples are the Official Gazette, Philippine
of index, textbooks, treatises Reports, looseleaf copies of court’s
and legal periodical articles decisions, Journal of the Batasang
Where found? Pambansa, Proceeding of the Constitutional
 Secondary authority may be found in books, Convention, as officially printed
treatises, encyclopedias, dictionaries, and What makes a source primary?
law review articles. This list is not Primary Source – official
exhaustive. These publication are all written  Those published by the issuing agency itself or
by individuals in their private capacity official respository
 With regards to commentaries or books,  We have three main branches in our
reputation or expertise of author is a government: the executive, judicial, and
consideration. (CJ Ramon Aquino on RPC; legislative. All three create law.
Sen. Arturo Tolentino on Civil law; Fr.  The Executive Branch, in charge of
Joaquin Bernas on Constitutional law; Prof. administrative agencies, is responsible for rules
Perfecto Fernandez on Labor law; Vicente and regulations
Francisco and CJ Manuel Moran on  The Legislative Branch of our government is
Remedial law) concerned with creating new laws. Known
Effect and use? variously as statutes, acts, codes, ordinances, or
 Secondary authority does not have to be simply, laws, these documents dictate how
followed. A court is free to accept or reject people must behave in a variety of situations.
any secondary authority. We have statutes to tell us the penalties for
 Secondary authority is often used to help a criminal conduct and statutes to tell us how to
researcher gain access to primary authority, probate a will. RAs are in OG published by
as the secondary law frequently addresses National Printing Office
issues that were raised by primary law and
 INTRODUCTION TO LAW REVIEWER

 At the local level, city or town councils may o Reason: EO 200, s. 1987 – “laws shall
enact charters or ordinances to govern their take effect after fifteen days following
citizens the completion of their publication
 Second Source is the unofficial publications of either in the Official Gazette or in a
private publishers or institutions. They are not newspaper of general circulation in the
the official sources of the law, nor are they Philippines, unless it is otherwise
authorized to be official publishers provided.” In case of conflict, OG
 Generally referred as those commercially prevails
published or those not published by o Repealed Art 2 of the Civil Code
government agencies or instrumentalities  Arroyo v. DOJ, G.R. No 199082, Sept. 8 2012
 Are secondary sources essential? Yes, to speed  Honasan II v. The Panel of Investigating
up the process of locating, and enhancing the Prosecutors of the Department of Justice, G.R.
understanding of, the primary source materials No. 159747, April 13, 2004, 427 SCRA 46:
which are the objective of research effort o SC held that OMB-DOJ Joint Circular No.
 The Judicial Branch creates case law precedent. 95-001 is only an internal arrangement
These decisions resolve real disputes between between the DOJ and the Office of
parties. The resolution is often written, and the Ombudsman outlining the authority and
written result then forms a new precedent that responsibilities among prosecutors of
can be used whenever a similar situation arises both offices in the conduct of
 SC decisions are in Philippine Reports, Advance preliminary investigation
SC decisions and OG also (selective) OFFICIAL GAZETTE online
Secondary Source examples:  Should the 15-day period be counted from the
Case law: the Supreme Court Reports Annoted time the laws or issuances are posted online?
(Central Law Book Supply, publisher); Philippine Law  Garcillano v. House of Representatives, G.R. No.
and Jurisprudence (Current Events Digest, Inc., 170338, December 23, 2008 could preclude
publisher); such a claim. In Garcillano, the Court debunked
Statute: Philippine Annotated Laws (Lawyer’s the claim that the publication in its website by
Cooperative, publisher the Senate of its rules of procedure for inquiries
 With advent of information technology, in aid of legislation satisfied the requirement
electronic or digitalized sources are popular under Section 21, Article VI of the Constitution
sources because: that it conduct such inquiries “in accordance
1. Updated information is readily available with its duly published rules of procedure”. The
2. Search engines facilitate research; Court then even refuted the argument that the
3. No complete and update manually E-Commerce Act of 2000 validated such online
published search tools for statute and publication
case law  The invocation by the respondents of the
 In case of conflict between the printed and provisions of R.A. No. 8792, otherwise known as
electronic sources, the printed version coming the Electronic Commerce Act of 2000, to
from issuing government agency prevails support their claim of valid publication through
Rules to apply? the internet is all the more incorrect. R.A. 8792
 Locate mandatory primary authorities considers an electronic data message or an
 If nonexistent, alternative is find relevant electronic document only for evidentiary
persuasive mandatory authority purposes. In other words, the law merely
 In the absence of primary authorities, recognizes the admissibility in evidence (for
secondary source may be cited. So SCRA is their being the original) of electric data
popular because there is no updated primary messages and/or electronic documents. It does
source. Publication of Phil Reports ceased in not make the internet a medium for publishing
1960s and was only revived in 1982. (See SC laws, rules, and regulations
Admin. Circular 14-99)  Garcillano was decided on 8-6 vote, will this
How to classify sources published in newspapers? doctrine be reversed?
 Newspaper publication of laws is primary  www.gov.ph:
 INTRODUCTION TO LAW REVIEWER

o “Please note hat the posting of laws and (3) LEX LIBRIS
issuances in this website is for Citator – a citation index of legal resources. Given a
information dissemination. The reference of a legal decision, a citatory allows the
effectivity of laws, regulations, and researcher to find newer documents which cite the
issuances state 15 days, unless original document and thus to reconstruct the judicial
otherwise provided in the document, history of cases and statutes
after their publication in the Official o Examples: (1) Dizon’s Philippine Citations (1937)
Gazette print version or in two (2) Paras, Philippine Citations,
newspapers of general circulation as (3) Shepard’s Citations to various US
mandated by the Administrative Code federal and state reports
of 1987 and Executive Order No. 200, s. Why use a citator?
1987” o To find a parallel citation
o “Should there be discrepancies o To find direct history (such as subsequent
between a text entry and the reversal on appeal)
corresponding scanned copy of laws,  Cases include prior and subsequent history
departmental and executive issuances,  Statutes include reversal, amendment, or
treaties, and executive agreements pending legislation
uploaded on this website, please note o To find primary and secondary sources on a
that the controlling version is attached particular narrow topic
scanned copy found below the entry.”  To find negative treatment (such as your
 What about newspaper reports on events, case has been overruled or statute having
happenings or occurrences? Are they primary been amended)
sources?  To find positive treatment (such as another
o Reports (not primary as they are case agreeing with the analysis in yours)
hearsay, Revised Rules on Evidence
require personal knowledge) Introduction
o Publications in compliance with law or  Because of civil law orientation, most important
rules (primary): Examples (publication source of Philippine law is statutory law
of Compliant; publication of notice of  Statutory law is positive law, express, written
settlement of estate) (see samples of and promulgated by the legislative body
publication)  It embraces PDs (Marcos) and Eos (Cory) as they
C. BY CHARACTER possessed legislative power
Classification of law books may be: (1) statute books; (2)  Common law v. statutory law
case books or law reports, such as court reports and  If statutory law is clear, common law may not
decisions; or (3) search books or law finders or finding apply
tools, which include encyclopedias, digests, citators,  If statutory law is unclear, common law may
legal forms and books of index apply
 Examples: Moreno’s Philippine Law Dictionary; Points to consider
Sibal’s Philippine Legal Thesaurus; Foreign law o Statute sections are rarely meant to be
dictionaries like Black’s Law Dictionary, Words understood in isolation from one
and Phrases; online virtual libraries: E-Library, another. Major pieces of legislation are
Chan Robles) often divided into sections when they
On law finder/finding tools: are drafted, passed, and integrated into
o In the Phil., no up-to-date law finders a statutory code. Thus, in order to fully
o Finding tools do not persuade; understand a statute section’s
o Finding tools are not primary or persuasive application, it must be read in
authorities; conjunction with the rest of the statute
o Finding tools are only means for locating as passed
sources o Code terms often carry meanings that
o Examples: (1) SCRA Quick Index-Digest are specific to the piece of legislation.
(2) PHILJURIS Never assume that a term used in a
 INTRODUCTION TO LAW REVIEWER

statute section has its obvious or Center is required in Administrative

colloquial meaning. The term may be Code of 1987
defined within the section in which it
appears, or in a separate “definitions” Executive Order No. 292, Book VII, Chapter 2, Sec. 3
section enacted along with it. Always Sec. 3. Filing. – (1) Every agency shall file with the
read through the entire section, and University of the Philippines Law Center three (3)
examine the chapter or part of the code certified copies of every rule adopted by it. Rules in
in which it appears, in order to force on the date of effectively of this Code which are
determine whether a term has a special not filed within three (3) months from that date shall
meaning for the purpose of statute not thereafter be the basis of any sanction against any
 Enactment party or persons
o Bicameral body: Senate and House of Sec. 4. Effectivity. – In addition to other rule-making
Representatives requirements provided by law not inconsistent with this
o Any member can introduce a bill (to book, each rule shall become effective fifteen (15) days
undergo 3 readings) from the date of filing as about provided unless a
 Termination different date is fixed by law, or specified in the rule in
o Laws are repealed expressly or cases of imminent danger to public health, safety and
impliedly by another statute. Implied welfare, the existence of which must be expressed in a
repeals however are not favored statement accompanying the rule. The agency shall take
o Laws may also collapse into appropriate measures to make emergency rules known
insignificance if they are temporary acts to persons who may be affected by them.
or the subject matter has become
obsolete or reason for legislation ceases Effect of non-filing?
to exist Araos, et al. v. Hon. Regala, et. Al., G.R. No. 174237,
READ COMMENDADORY, ET. AL. V. DE VILLA, ET AL. G.R. February 18, 2012
NO. 93177, AUGUST 2, 1991  Circular No. 12 lays down guidelines on the
grant of a one-step adjustment in the salary of
 Termination CESOs
o Laws may be declared unconstitutional  Besides, as the SSS points out, CESB Circular No.
by courts. In SC, majority vote will 12 is unenforceable. Per the certification issued
suffice but the Court has to sit en banc. by the Office of the National Register (ONAR) of
Vote has to be concurrence of majority the University of the Philippines Law Center
of justices who actually took part in dated March 30, 2004, the CESB failed to file
deliberations on issues and voted three copies of CESB Circular No. 12 with the
thereon ONAR. Sections 3 and 4 of Chapter 2, Book VII
o Laws are presumed valid and of Executive Order No. 292, otherwise known as
constitutional until they are expressly the Administrative Code of 1987
nullified  As CESB Circular No. 12 has not been filed with
 Effectivity the ONAR, it has yet to take effect. It is,
o NCC, Art 2: laws take effect within 15 therefore, unenforceable
days from their date of publication in
the Official Gazette unless the laws Retroactivity
themselves provide otherwise  Law are not generally retroactive unless the
o EO 200, amending Art. 2 – allowed laws themselves provide for their retroactivity
publication in a newspaper of general except those which will violate the following: (a)
circulation impairment of contracts; (b) ex post facto laws;
(c) implementation may be arbitrary or harsh
READ TANADA V. TUVERA, 230 PHIL. 528 (1986)  READ DE LLANA V. ALBA, G.R. NO. 57883,
o Filing with the office of the National MARCH 12, 1982
Administrative Register of the
University of the Philippines Law Classification
 INTRODUCTION TO LAW REVIEWER

 Constitution or docket number and date of

 Treaties promulgation
 Statutes proper
 Municipal legislation Synopsis (Synopses)
 Subordinate legislation  Means the summary
 Legislative Rules  Useful in research, you can
 Court Rules usually tell after reading only
that paragraph whether you are
Classification of case law interested in that case or not,
Case law proper however, it should not be cited
 Decisions of SC Who writes? Not the ponente but
 Decisions of CA, Sandiganbayan, RTC, editors like court reporters
MTCCs READ EX. SYNOPSIS
Subordinate case law EX, PEOPLE V. MENDOZA, G.R. NOS.
 Decisions of Commission and Boards 152589 & 152758, JANUARY 31, 2005
 Rulings of Admin Officers
Headnote/Syllabus (Headnotes/Syllabi)
 Opinions of Office of President
They are bullet points of each point of
 Opinions of Secretary Justice
law that is found in the case. They are
 Opinions of Sol. Gen
very useful for researching, but again,
 Opinions of Legal Officers of Gov’t
they should not be used as precedent.
Agencies
Who writes? Editors like court reporters
EX. SYLLABI
Parts of the Case
READ FRENCH OIL MILL MACHINERY CO., INC. V.
Title
REGIONAL TRIAL COURT (RTC), CEBU CITY, BR.
Ex. Smith v. Smith
11, ET AL, G.R. NO. 126477, SEPTEMBER 11,
 First word is the last name of 1998
plaintiff, or the person who
brought the lawsuit READ ALLIED BANKING CORP V. CA, ET AL.
 Second word is the last name of
defendant, or the person Case History, etc.
against whom the lawsuit has Following the headnotes may be case
been brought history, then comes the names of all the
 There will often be cases with attorneys and whom they are appearing
multiple plaintiffs or for, and finally the name of the justice
defendants, only one name will who is actually writing the opinion
be used in the official title of
the case Opinion/Decision
If there are multiple plaintiffs or Then the opinion itself, and this is
defendents, who selects the names in the title? organized in different ways depending
First name of the parties is on the author. Often the facts of the
written. case come first, followed by a
Et al – deprivation of “et alia”, discussion of the law, application of the
meaning “and others” facts to the law, and the holding.
Every justice or judge writes differently,
Citation though, so there is no guarantee of
Ex. 1 Phil. 1 what the body of the case will look like
1 – volume number
Phil. – name of the book Holding/Ruling
1 – page number
 INTRODUCTION TO LAW REVIEWER

Following the body will be the holding

again, ‘affirmed’ or ‘reversed,’ or Opinion/Ration Decidendi – very ruling of the
something similar court; reasons or conclusions of the court. The
reasoning of the court to arrive at a disposition
Concurring Opinion/Dissenting Opinion of the case. This constitutes judicial precedent
The actions of other justices, if they
agreed wholeheartedly with the Deciision/Fallo – is the very disposition of the
decision they will simply join the writer case placed usually at the very end of the
in the opinion. If they concur or dissent, decision, otherwise called the dispositive
their opinion will follow, though it is not portion of the judgment. Also called judgment
binding as the majority opinion is
 Concurring opinion – written by Obiter Dictum – an incidental statement not
a justice who agrees with the necessary to the resolution of the controversy
outcome but with a different before the court
reasoning READ EX. OPINION
 Dissenting opinion – written by READ EX. DECISION
a justice who disagree with the READ FALLO V. RATIO DECIDENDI
majority as to the outcome READ EX. OBITER DICTUM
The latter two are citable for
their ideas, but are not binding Decisions – per curiam or through ponente
precedent  Per Curiam – rendered by a court as a
whole (i.e., decisions that mete out
Parts of the Case death penalty)
 Title  Through Ponente – decision written by
 Citation a writer (ponente), member of the
 Synopses court chosen to write the decision
 Headnotes/Syllabi (ponencia)
 Case History READ EX PERCURIAM
 Opinion  Decisions shall be rendered per
 Holding/Ruling curiam when:
 Concurring Opinion/Dissenting Opinion a) Where the penalty
imposed is dismissal from
o The official repositories of SC service, disbarment, or
decisions are the Official Gazette indefinite suspension in
and the Philippine Reports as administrative cases; or
prepared by the Office of the b) In any other case by
Reporter and printed by the agreement of the
Government Printing Office (now majority of the Members
National Printing Office) or upon request of a
Principles member
Stare Decisis READ EX THROUGH PONENTE
To adhere to what is decided and not
unsettle those which are already established. Decision v. Resolution
Decisions
Purpose: uniformity, continuity and May be opted because of the jurisprudential
stability in the law. Only SC establish importance of the case or perhaps, while the
jurisprudence or doctrines which lower judgment sought to be reviewed may be
courts are duty bound to follow. Lower substantially correct, the facts and the law
courts (including CA) cannot lay down involved in the case call for further discussion,
doctrines elaboration or emphasis for guidance of the
READ EX. STARE DECISIS bench and bar
 INTRODUCTION TO LAW REVIEWER

Revised Administrative Code

How to cite a source? REV. ADM. CODE
Primary Sources Revised Penal Code
A. Statutory Materials REV. PEN. CODE
1. Constitution 4. Proclamations
 CONST. (1935), art. III, sec. I, Proc. No. 784 (1961), 57 O.G. 7122
par. (3) (September, 1961)
 CONST., art. VII 5. Letters of Instructions
2. Laws L.O.I. No. 230 (1972)
2.1 Public Laws (1900- 6. Opinions of the Secretary of Justice
2934) Sec. of Justice Op. No. 271, s. 1982.
Art. No. 1160 (1904), 7. Administrative Orders
art. 3 Adm. Order No. 21 (1966), 62 O.G. 7194
2.2 Commonwealth Acts (October, 1966)
(1935-1945) 8. Administrative Rules and Regulations
Com. Act No. 52 DOLE Rules and Reg. No. _____ (_____)
(1936), sec. 2 (b) 9. Ordinances
2.3 Presidential Decrees Manila Ordinance 6120, Jan. 26, 1967
(1972-1986) 10. Court Rules
Pres. Decree No. 603 RULES OF COURT, Rule 130, sec. 2, par.
(1975) (a)
2.4 Batas Pambansa RULES OF COURT (1940), Rule 19, sec. 7,
(1984-2986) par. (b)
Batas Blg. 80 (1981) B. Court Decisions
2.5 Executive Orders 1. General Rule
(1986-1987) 1.1 SC
Exec. Order No. 329 Ariaga v. Javellana, 92 Phil. 330 (1952)
(1950), 46 O.G. 2035 Espiritu v. Rivera, G.R. No. 17092,
(July, 1950) September 30, 2963, 62 O.G. 7226
2.6 Republic Acts (1946- (Oct., 1966)
1972; 1987 to date) 1.2 CA
Rep. Act No. 88 Chunaco v. Singh, 8 C.A. Rep 488 (1947)
(1946) 1.3 Sandiganbayan
3. Codes People v. Sabarre, Sandiganbayan Crim.
CIVIL CODE, art. 297 Case No. 001, December 12, 1979, 1
CIVIL CODE (1889), art. 67 Sandiganbayan Rep. 305 (1979)
Cite as 1.4 CTA
Civil Code Abad v. Commissioner of Interval
CIVIL CODE Revenue, CTA Case No. 717, June 4,
Corporation Code 1963
CORP. CODE 1.5 RTC
Family Code FAMILY People v. Johnson, RTC (San Jose,
CODE Occidental Mindoro, Br. 45) Crim. Case
Insurance Code INS. No. R-1681, August 6, 1984)
CODE 1.6 MeTC
Labor Code LABOR Shell Distribution Co., Inc. v. Balmaceda,
CODE MeTC (Manila, Branch X) Civil Case No.
Local Government Code LOCAL 59563, July 20, 1982
GOV’T CODE 1.7 MTCC/MCTC
Omnibus Election Code ELEC.
CODE
 INTRODUCTION TO LAW REVIEWER

People v. Soliven, MCTC (Paoay- Annot., 19 SCRA 280 (1967)

Currimao, Illocos Norte) Crim. Case No. 6. Letters and speeches
992-C, November 11, 1983 Letter of Apolinario Mabini to Emilio
1.8 Shari’a Courts Jacinto, December 17, 1898 in LETTERS
Al-Awadhi v. Rulona, Shari’a Dist. Ct. OF APOLINARIO MABINI 81 (1965)
(Marawi City) Special Proceeding No. Address by Justice Cesar Benzon, 7th
011-87, September 15, 1988 Anniversary Celebration of the Bulacan
1.9 Administrative Decisions Bar Association, Manila, November 8,
In re Colocado, CSC Adm. Case No. R- 1952, 2 ATENEO L.J. 307-314 (1953)
27182, September 29, 1964 7. Encyclopedia
2. Exceptions 81 AM. JUR. 2d Wills 7 (1976)
2.1 Cite Islamic and Chinese names in
full Internet Sourses
Lim Sian Tek v. Ladislao not Lim v. 1. Cases published in electronic form
Ladislao
2.2 Cite compound names in full
People v. De la Cruz not People v.
Cruz De la
Abad Santos v. Auditor General not
Santos v. Auditor General
2.3 Always cite names of corporations,
etc in full
Mata v. Rita Legarda, Inc.
Allied Workers Ass’n of the Phil. V.
Republic Trading Corp
2.4 Cite cases involving the
Government of the Philippines or
government unit and criminal cases
as follows:
Government v. Abadinas
Republic v. Carpin
People v. Santos
City of Cebu v. Ledesma
2.5 Cite names beginning with
procedural terms as they appear in
decisions
Ex parte Milligan
In re Garcia

Secondary Sources
1. Books and pamphlets
IM. Moran, COMMENTS ON THE RULES
OF COURT 195 (6th ed., 1963)
46 S.C.R.A. 160 (1972)
2. Essays or articles
J. Ponce Enrile, The Tax Treatment of
Real Estate Transactions, in 1964
ASPECTS OF PHILIPPINES TAXT LAW 81
3.
4.
5. Annotations