Legal Research and Writing JD 103 Lesson 1
Legal Research and Writing JD 103 Lesson 1
information to a query
It is principally concerned
in gathering information –
be it a decided case, a
provision of law, or an
definition
administrative issuance –
that would provide
illumination to a pending
issue.
Legal research has uses and
application in almost every
field imaginable and is not
application
limited as a support service
to litigation.
Since legal research
ultimately operates within
the legal and political
framework of our country,
we need to familiarize
ourselves with our political
of the Philippines
and legal institutions. For
the most part of our legal
research, this will be our
playground, so to speak.
• The branch of the government that
APPLIES THE LAW
• Doctrine of qualified political agency
“The President discharges his functions as chief
executive officer and commander-in-chief of the
country through his Secretaries who run their
respective Departments. The President shall control all
the executive departments, bureaus and offices. He shall
ensure that the laws be faithfully executed. This is a
principle in political law that, since the multifarious
executive and administrative functions of the Chief
Executive are performed by and through executive
departments, it is but necessary that the acts of the
secretaries of departments when performed and
promulgated in the regular course of business or
unless disapproved or reprobated by the Chief
Executive, are presumptively the acts of the Chief
Executive.” (Villena v. Secretary of the Interior, 67 Phil 464)
• Doctrine of qualified political agency
(2) The party-list representatives shall constitute twenty per centum of the
total number of representatives including those under the party list. For
three consecutive terms after the ratification of this Constitution, one-half
of the seats allocated to party-list representatives shall be filled, as
provided by law, by selection or election from the labor, peasant, urban
poor, indigenous cultural communities, women, youth, and such other
sectors as may be provided by law, except the religious sector.
• R.A. 7941 or the Partylist System Act
• COMELEC Resolutions on partylist representation
• Jurisprudence
✓ BANAT v. COMELEC
✓ Ang Bagong Bayani –OFW Labor Party v. COMELEC
✓ Veterans Federation Party v. COMELEC
• Non-legal sources
✓ Newspaper articles and books that deal with the subject matter
Although almost all information
may be acquired through the
internet, it is highly
recommended that one should
try and experience doing legal
research through the old school
approach.
• Citation is particularly
essential in the legal
profession because legal
analyses depend on the
examination of binding
rules and norms.
Overview
• Thus, it is imperative to
determine with precision
what these rules and
norms are. Citation
Ateneo Law Journal Legal Citation Guide, 4th ed. facilitates this
(2020). Ateneo de Manila Professional Schools
Library: Rockwell Drive, Rockwell Center, Makati
determination.
City, Philippines.
1. It provides support or
contrast to assertions.
2. It allows proper
attribution of non-
original input.
Purposes
3. It helps readers identify
sources for further
study or research.
Ateneo Law Journal Legal Citation Guide, 4th ed.
(2020). Ateneo de Manila Professional Schools
Library: Rockwell Drive, Rockwell Center, Makati
City, Philippines.
• A citation refers to the
sentence or clause
immediately preceding it.
• A citation is intended to:
A.2.1. attribute non-
original ideas;
Use A.2.2. provide authorities
relevant to the
discussion; or
Ateneo Law Journal Legal Citation Guide, 4th ed. A.2.3. offer sources for
(2020). Ateneo de Manila Professional Schools
Library: Rockwell Drive, Rockwell Center, Makati
further study or
City, Philippines. research.
1. Cite first the sources to
which non-original ideas are
attributed, or those
authorities which directly
provide support or
opposition to the text.
2. Authorities for support must
Order of Authorities
be given first before those in
opposition. Support or
opposition is indicated by
Ateneo Law Journal Legal Citation Guide, 4th ed. introductory signals.
(2020). Ateneo de Manila Professional Schools
Library: Rockwell Drive, Rockwell Center, Makati
City, Philippines.
3. Support or opposition may
be direct, indirect, or
analogous. Cite all
authorities for support in
the aforesaid order, before
those for the opposition in
the same order.
Order of Authorities
Example in footnote:
Manila Elec. Co.
Association of Major Religious Superiors of the Phil.
Coca-Cola Bottlers Phil., Inc. v. Ilocos Prof’l & Tech. Emp. Union
Not
Manila Electric Company
Ass’n of Major Religious Superiors of the Philippines
Coca-Cola Bottlers Philippines, Incorporated v. Ilocos Professional and Technical
Employees Union
RULE 5: Use <month> <day>, <year> format. Do not abbreviate
the name of month in the body text. However, for footnotes,
abbreviate names of months to the first three letters only, except
for “May,” “June,” “July,” and “Sept.”
Mar. 1, 2012
Sept. 2, 2023
RULE 6: Dates are usually placed at the end of a citation in
parentheses and often shortened to the year only. In general,
they are not enclosed in parentheses when necessary to identify
a source, as in letters, emails, unofficial or unpublished decisions,
and treaties.
For quotations of less than 50 words:
RULE 7: The quotation should be enclosed in double quotation marks (“ ”).
However, the quotation should not be blocked or set-off from the rest of the
text except when the material quoted would commonly be set-off such as
dialogues or poems. Quoted portions within the quotation should be enclosed
only in single quotation marks (‘ ’). If the entire quotation is in itself quoted,
only one set of double quotation marks should be used. The footnote number
should also follow immediately after the closing double quotations marks,
unless placing it elsewhere is more accurate.
Example:
[T]he judiciary in turn, with the Supreme Court as the final arbiter,
effectively checks the other departments in the exercise of its power to
determine the law, and hence to declare executive and legislative acts
void if violative of the Constitution.
But in the main, the Constitution has blocked out with deft
strokes and in bold lines, allotment of power to the executive, the
legislative and the judicial departments of the government.22
RULE 10: Always place commas and periods inside the quotation
marks. Place other punctuation marks inside the quotation marks
only if they are part of the original text.
RULE 11: A change in the case of a letter should be enclosed in
brackets. Inserted words, letters, and other marks should also be
bracketed. This rule applies to additional footnotes that are not
found in the original quotation.
Example:
Example:
Example:
“Decision[ ]”
RULE 14: Omission of a word or words is generally indicated by the
insertion of an ellipsis: three periods set-off by a space before the
first and after the last period (…), which take the place of the word or
words omitted. The ellipsis is enclosed in brackets; whenever
enclosed in brackets, the ellipsis is not set-off by spaces as provided
in the preceding sentence. An ellipsis is never used when individual
words are merely altered.
Example:
But
According to the Court: “[T]he decision was uncalled for.” 22
RULE 16: In block quotes, when the omission consists of one or more
paragraphs, use three asterisks, centeraligned and separated by
single spaces, to indicate the omission.
Example:
It cannot he presumed that any clause in the Constitution is intended to
be without effect; and, therefore, such a construction is inadmissible
unless the words require it.
***
It has been stated at the bar that the appellate jurisdiction may be
exercised in a variety of forms, and that, if it be the will of the legislature
that a mandamus should be used for that purpose, that will must be
obeyed. This is true, yet the jurisdiction must be appellate, not original.
RULE 17: For consistency, use italics to emphasize parts of a quoted
text. Never underline.
RULE 18: Insert all parentheticals (i.e. “emphasis supplied,”
“emphasis omitted,” “emphasis in the original,” “citations omitted”)
in the footnote at the end of the citation. Capitalize the first word,
and end the parenthetical with a punctuation mark. Enclose
everything in parentheses.
Example
It has been stated at the bar that the appellate jurisdiction may be
exercised in a variety of forms, and that, if it be the will of the
legislature that a mandamus should be used for that purpose, that
will must be obeyed. This is true, yet the jurisdiction must be
appellate, not original. 22 (Emphasis supplied, citations omitted.)
RULE 19: In titles and headings, capitalize words. Articles,
conjunctions, and prepositions with less than five letters should
not be capitalized, but always capitalize the initial word and the
first word following a colon.
Example
Time is Up: Assessing the Life Tenure System in the American
Supreme Court and the Mandatory Retirement System in the
Philippine Supreme Court
But
A Human Rights Discourse on Campaign Finance in the
Philippines: An Analysis of the 1987 Philippine Constitution and
International Human Rights Law
RULE 20: Nouns pertaining to a specific person and entity must
always be capitalized, but not when they are used in a common or
generic sense.
Example
The President of the Commission agreed to the proposal.
The presidents publicly assented to the proposal.
RULE 21: The titles of specific laws, the names of specific courts,
and titles of specific persons must be capitalized.
Example
The Migrant Workers Act was passed in 1995.
The Regional Trial Court of Cebu convicted the accused.
Chief Justice Warren penned the two Brown decisions.
But
The judgments of regional trial courts do not have stare decisis effects.
RULE 22: Apart from emphasis and style, words and phrases are
italicized when they are non-English, unless they have been
incorporated into common English usage or are used as proper
nouns. However, long Latin phrases, “id.,” and procedural phrases
should remain italicized.
Example However
Reclusión perpetua Ignorantia legis non excusat.
Alevosía In re Shoop
Compañía Maritima
Ex turpi causa non oritur actio.
But
Mandamus
Radio Veritas
RULE 23: The lowercase letter “l” should be italicized when used as
a subdivision to distinguish it from the numeral “1.”
Example
Rep. Act No. 8042 (1995), § 6(l), amended by Rep. Act No. 10022 (2010).
RULE 24: In case of a long name of a juridical entity add a
parenthetical containing an abbreviation or acronym after the
name, then use the shortened name thereafter.
Example
The contracting-out of work was recently regulated in a memorandum
issued by the Department of Labor and Employment (DOLE). In the
issuance, the DOLE…
RULE 25: Generally, abbreviations are not punctuated by periods,
whether they are used in the body text or footnotes. However,
when the acronym or abbreviation is used as a reporter name,
periods must be used, unless convention or other rules hold
otherwise.
Example
The U.S. entered into the Mutual Defense Treaty.
National Labor Relations Commission (NLRC)
But
1 C.A. Rep. 23
However
50 SCRA 23
RULE 26: If the abbreviation is the one officially used by or for the
juridical entity, do not enclose it in quotation marks. If the
abbreviation to be used for the entity is not official, enclose it in
quotation marks.
Example
Department of Labor and Employment (DOLE)
But
University of the Philippines College of Law (“UP Law”)
RULE 27: In case of any other long name, add a parenthetical
containing an abbreviation after the name, and then use the
shortened name thereafter. The abbreviation must be enclosed in
quotation marks even for documents commonly and officially
known for their abbreviations.
Example
United Nations Convention on the Law of the Sea (“UNCLOS”)
NOTE: For the two preceding rules, the abbreviation must be
introduced at least once each in the body text and the footnotes if
it will be used in both. This is due to the assumption that one may
choose to read an article without going through the footnotes.
RULE 28: Countries such as the United States and United Kingdom
that are commonly identified by their acronyms may be
abbreviated when used as an adjective without having to first use
the full name. For all other uses, Rules 24 and 25 apply.
Example
The U.K. law would allow same-sex couples…
The People’s Republic of China (PRC) treated the said law as an act of
aggression…
RULE 29: The abbreviations “i.e.” and “e.g.” are not italicized;
neither are they followed by a comma.
RULE 30: When used in a parenthetical reference, titles of judges
and justices are abbreviated and italicized. Otherwise, their full
titles are spelled out.
Example
Justice Carpio-Morales, writing for the Court in Francisco…
“It takes the risk of reeking of an objectionable air of supreme judicial
arrogance.”
Carpio-Morales, J., dissenting in De Castro v. Jud. & Bar Council, G.R. No. 191002,
618 SCRA 639, 664, Apr. 20, 2010.
RULE 31: Generally, the numbers less than 10 are spelled out, but
when the first word of any sentence begins with a number, the
number must also be spelled out.
Example
Twenty-three petitioners similarly went to the Supreme Court.
But
The Supreme Court received petitions from 23 other parties.
RULE 32: When a number is a negative integer, or when it has a
decimal, numerals must be used.
Example
The temperature was -2 degrees Fahrenheit.
He lost 18.5 pounds.
RULE 33: For consistency, when a series includes numbers both
less than 10 and greater than or equal to 10, numerals must be
used.
Example
The accused minors were aged 9, 12, and 15.
RULE 34: Numerals with four or more digits must use commas to
separate every thousandth decimal place. Note that numerals are
written without interrupting spaces.
Example
1,234,567
RULE 35: For succeeding numbers, spell out the first.
Example
Fifty-five 100-meter dash runners
RULE 36: For exact currency amounts, begin with the proper ISO
4217 three-figure currency code followed by the amount using
numerals. However, for estimates or large numbers, begin with
append the currency, spelled out, at the end of the estimate.
Example But
GBP 10,550 1 million dollars
PHP 10,550 5 billion pesos
USD 10,550
RULE 37: An en dash is preceded and followed by a space, while an
em dash and a hyphen are not. Generally, an en dash (the width of
an “n”) is used to connect values in a range and is often used as a
substitute for “to,” an em dash (the width of an “m”) is as an
informal separator of a parenthetical reference, and a dash
connects compound words.
Example
[En dash] Only those 40 – 70 years old may be appointed to the Supreme Court.
[Em dash] The rule admits one—and only one—exception to the rule.
[Hyphen] The Judge who rendered the decision was criticized as narrow-minded.
But in footnotes
[En dash] REV. PEN. CODE, art. 4–7.
[En dash] Lopez v. Ct. of Appeals, G.R. No. 26549, 34 SCRA 116, 126–27
RULE 38: The percent sign (%) immediately follows the numbers to
which they pertain.
Example
97%
End