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Introduction to Law: Lecture Notes

Lecture notes for Intro to Law - 1L

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0% found this document useful (0 votes)
30 views

Introduction to Law: Lecture Notes

Lecture notes for Intro to Law - 1L

Uploaded by

fdanielamarie01
Copyright
© © All Rights Reserved
Available Formats
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JD 11910

INTRODUCTION TO LAW
AND THE LEGAL SYSTEM
PROFESSOR: ATTY. MARLOUIZE VILLANUEVA
ATTY. RENATO M. GALEON
ATTY. GLENN C. CAPANAS
INTRODUCTION TO LAW AND THE LEGAL SYSTEM

Table Of Contents

A Theory of Law………………………………1
What is law? ………………………….2
Natural Sciences vs. Social
Sciences…………………..3
INTRODUCTION TO LAW AND THE LEGAL SYSTEM
A THEORY OF LAW • Is the law based on something universal?
• Is the law bound by borders?
WHAT IS LAW? • Is the existence of law dependent on its
enforcement?
H.L.A. Hart, The Concept of Law
: How does legal obligation differ from, and how
“Few questions concerning human society have is it related to moral obligation?
been asked with such persistence and answered : How does law differ from and how is it related
by serious thinkers in so many diverse, strange, to orders backed by threats?
and even paradoxical ways as the question, ‘What : What are rules and to what extent is law an
is law?’” affair of rules?
Look closely into the law of murder and how two
different jurisdictions define them: THEORY OF LAW VS. LEGAL THEORIES
18, USC 51, S1111S RPC, Art. 248
(a) THEORY OF LAW LEGAL THEORIES
The definition of murder
includes circumstances Broader philosophical Focuses more
The definition of such as treachery, inquiry into the nature specifically on the
murder includes superior, strength, aiding of law itself, it practical aspects of
unlawful killing with armed men, weakening
encompasses various law, like how laws
malice afterthought. defense, ensuring
impunity, consideration schools of thought that operate, how legal
First-degree murder explore fundamental reasoning is arrived
for a price, use of
involves deliberate destructive means like fire questions about what at, or the use of
and premeditated or poison, calamities like law is, its purposes, and empirical methods in
acts or specific earthquakes, its moral implications . understanding law.
premeditation, and cruelty
crimes, while second-
towards the victim.
degree murder covers LAW (English def): legal systems
all other unlawful
killings. DROIT (French); RECHT (German): involves the
discussion of rights, involves philosophical
Notice: Although the examples above are from discussion.
two different jurisdictions, they hold a closely : Is this distinction relevant in to our
similar definition to murder.
understanding between the law and its
Now, unto laws on marriage: implications in the community?
Obergefell v. Hodges Falcis v. CRG (2019) : Is there a difference between coercion and the
(2014)
Marriage is a legal mere implementation of the law?
The Court, in this decision, relationship, entered into
holds same-sex couples through a legal framework, There are two ways to answer these questions:
and enforceable according to
may exercise the
legal rules. Law stands at its
fundamental right to very core. Due to this inherent NATURAL SCIENCES VS. SOCIAL SCIENCES
marry in all States. It “legalness” of marriage, the
follows that the Court also constitutional right to marry
must hold – and it now cannot be secured simply by
removing legal barriers to
(NON-CONCEPTUAL) THEORIES IN THE
does hold – that there is no
lawful basis for a State to something that exists outside NATURAL SCIENCES: ...considers...general
refuse to recognize lawful of the law. Rather, the law characteristics of phenomena and establish
itself must create the “thing”
same-sex marriage
to which one has a right. As a regular or necessary connections between them.
performed in another State result, the right to marry
on the ground of its same- necessarily imposes an (NON-CONCEPTUAL) THEORIES OF THE SOCIAL
sex character. affirmative obligation on the SCIENCES: ...tends toward conclusions about
State to establish this legal
framework.
causation and causal regularities, but the selection
of relevant data tends to complicated and
contested value judgments.
Through the examples above, it can be denoted
that the Law MAY differ from jurisdiction to
jurisdiction. CONCEPTUAL ANALYSIS
: Stipulates a division of the world into categories. of establishing right from the highest law, which
was born before any law was written for
HOW CONCEPTUAL ANALYSIS WORKS:
generations in common [ ] or before a city was
1. Stipulation is accepted. established at all.
2. Claim is made about the category
Thomas Aquinas, Summa Theologica: Thus from
3. That claim can be valuated as T/F.
the four preceding articles, the definition of law
CONCEPTUAL ANALYSIS OF LAW DEFINES may be gathered; and it is nothing else than an
TERMS BY: ordinance of reason for the common good, made
by him who has care of the community, and
A. Conditions promulgated.
ESSENTIAL: NECESSARY: Thomas Aquinas, Summa Theologica: Thus from
the four preceding articles, the definition of law
one that is part of the one that every instance
may be gathered; and it is nothing else than an
essence or nature of of the phenomenon
must have ordinance of reason for the common good, made
the phenomenon.
by him who has care of the community, and
promulgated.
NECESSARY: SUFFICIENT: : the rule and measure of human acts is the reason,
A condition is A condition is sufficient which is the first principle of human acts, it
necessary for a if it guarantees the belongs to the reason to direct to the end, which is
concept if the concept existence of that the first principle in all matters of action
cannot exist without it concept.
: …as reason is a principle of human acts, so in
On what basis can it be asserted that one reason itself there is something which is the
conceptual theory is better than another? principle in respect of all the rest. The law must [ ]
regard principally the relationship to
BOUNDARY LINES OF LAW happiness…since every part is ordained to the
1. Is there “law” in a society and a legal whole, as imperfect to perfect; and since one man
system that is “evil?” is a part of the perfect community, the law must [
2. Which standards among those judges are ] regard properly the relationship to universal
obligated to apply, or among those judges happiness.
in fact do apply, should carry the label : Now to order anything to the common good,
“law” or “legal?” belongs either to the whole people, or to someone
3. Or by the end of the day, is “law” political? who is the viceregent of the whole people. And
Is legal theory relevant in the study of law, and the therefore the making of a law belongs either to the
legal profession? whole people or to a public personage who has
care of the whole people: since in all other matters
NATURAL LAW THEORY the directing of anything to the end concerns him
to whom the end belongs.
Premise: What naturally is, ought to be.
: Wherefore, in order that a law obtain the binding
TRADITIONAL NATURAL LAW: Argues for the
force which is proper to a law, it must needs be
existence of a “higher law”, elaboration of its
applied to the men who have to be ruled by it. Such
content, analysis of what should follow from
existence of this “higher law”. application is made by its being notified to them
by promulgation.
Cicero, De Legibus: ..law is highest reason,
MODERN NATURAL LAW
implanted in nature, which orders those things
that ought to be done and prohibits the opposite. Finnis, Natural Law and Natural Rights:
The same reason is law when it has been Wherefore, in order that a law obtain the binding
strengthened and fully developed in the human force which is proper to a law, it must needs be
mind... For this is a force of nature; this is the mind applied to the men who have to be ruled by it. Such
and reason of the prudent man; this is the rule of application is made by its being notified to them
right and wrong... In fact let us take the beginning by promulgation.
Finnis, Natural Law and Natural Rights: Joseph Raz St. Agustine, De Civitate De Contra Paganos: Justice
usefully summarizes and adopts Kelsen’s version being taken away, then, what are kingdoms but
of this image: Kelsen correctly points out that great robberies?
according to natural law theories there is no
specific notion of legal validity. The only concept COMPLEXITY OF THE LEGAL SYSTEM
of validity is validity according to natural law, i.e.,
moral validity. Natural lawyers can only judge a
law as morally valid, that is, just or morally invalid,
i.e., wrong. They cannot say of a law that it is
legally valid but morally wrong. If it is wrong and
unjust, it is also invalid in the only sense of validity
they recognize.

FINNIS’ VALUABLE BASIC GOODS

• Life
• Health
• Knowledge
• Play
• Aesthetic Experience
• Friendship Primary Rules: Human beings are required to do
• Practical Reasonableness or abstain from certain actions, whether they
wish to or not.
• Religion
FULLER’S INTERNAL MORALITY OF LAW Secondary Rules: Human beings may by doing
or saying certain things introduce new rules of
• General the primary type, extinguish or modify old ones,
• Public or in various ways determine their incidence or
• Prospective control their operations.
• Clear
H.L.A. Hart, The Concept of Law: Rules of the first
• Non-Contradictory type impose duties; rules of the second type
• Possibility of Compliance confer powers, public or private. Rules of the first
• Constancy type concern actions involving physical
• Congruence between Official Action and movement or changes; rules of the second type
Declared Rule provide for operations which lead not merely to
LEGAL POSITIVISM physical movement or change, but to the creation
or variation of duties or obligations.
: Neither law nor legal systems have any natural
or essential connections with morality. Why can’t we just rely on Primary Rules?

Jeremy Bentham, Anarchical Fallacies: Natural • Uncertainty


rights is simple nonsense: natural and • Stasis
imprescriptible rights, rhetorical nonsense— • Inefficiency
nonsense upon stilts. Hart’s “Secondary Rules”
John Austin, The Province of Jurisprudence • Rules of Recognition
Determined: Every law or rule (taken with the • Rules of Change
largest signification which can be given to the
• Rule of Adjudication
term properly) is a command. Or, rather, laws or
rules, properly so called, are a species of
commands.
HART-FULLER DEBATE: Nazi Informant Case
Hart, Positivism and the Separation of Law and
Morals: Law surely is not the gunman situation Under the Third Reich the wife of a German in
writ large, and legal order is surely not to be thus 1944, wishing to get rid of her husband,
simply identified with compulsion. denounced him to the German Gestapo for
insulting remarks he had made about Hitler’s • Those oughts which provide that if certain
conduct of the war. He was tried and conduct (X) is performed, then a sanction (Y)
sentenced to death, though his sentence was should be applied by an official to the offender;
converted to service as a soldier on the
• This will rule out all that cannot be objectively
Russian front. In 1949, the wife was
known.
prosecuted for procuring her husband’s loss of
liberty. Her defense was that he had LAW HAS ONLY ONE FUNCTION:
committed an offense under a Nazi statute of
THE MONOPOLIZATION OF FORCE
1934. The court nevertheless convicted her on
the ground that the statute under which the Hans Kelsen, General Theory of Law and State: By
husband had been punished offended the formulating the Grundnorm, we do not introduce
”sound conscience and sense of justice of all into the science of law any new method. We
decent human beings”. merely make explicit what all jurists, mostly
Do you agree with the decision of the court unconsciously, assume when they consider
to convict the wife? positive law as a system of valid norms and not
only as complex of facts, and at the same time
H.L.A HART FULLER repudiate any natural law from which positive law
would receive its validity. That the Grundnorm
This reasoning was To me there is really exists in the juristic consciousness is a
followed in many nothing shocking in result of a simple analysis of actual juristic
cases which have saying that a statements. The Grundnorm is the answer to the
been hailed as a dictatorship which question: how – and that means under what
triumph of the clothes itself with a condition - are these juristic statements
doctrines of natural tinsel of legal form concerning legal norms, legal duties, legal rights,
law and as signaling can so far depart from and so on, possible?
the overthrow of the morality of order,
positivism. The from the inner
unqualified morality of law itself, “BRANCHES” OF LEGAL POSITIVISM
satisfaction with this that it ceases to be a EXCLUSIVE LEGAL INCLUSIVE LEGAL
result seems to me to legal system. POSITIVISM POSITIVISM
be hysteria. Many of
: Moral criteria can While there is no
us might applaud the
be neither be necessary content to a
objective-that of
sufficient legal rule, a particular
punishing a woman
conditions nor legal system, may, by
for an outrageously
necessary conventional rule,
immoral act - but this
conditions for the make moral criteria
was secured only by
legal status of a necessary or
declaring a statute
norm. (Joseph Raz, sufficient for validity
established since I934
The Authority of in that particular
not to have the force
Law: “the system.
of law, and at least the
existence and
wisdom of this course
must be doubted. content of every
law is fully
determined by
social sources”).

LEGAL FORMALISM VS. LEGAL REALISM


A “PURE” THEORY OF LAW
LEGAL FORMALISM LEGAL FORMALISM
Unadulterated
Law is a set ofLawclear, Law is influenced by
objective rules and social, economic, and
Restrict the analysis to ”norms” of positive law:
principles that judges political factors, and
should apply strictly that judges often
without considering consider these
authority to pursue those broader purposes or
write those new laws.

LEGAL REALISM

Oliver Wendell Holmes, The Path of Law: A legal


duty so called is nothing but a prediction that if a
man does or omits certain things he will be made
LEGAL FORMALISM
to suffer in this or that way by judgment of the
court; and so of a legal right.
Immanuel Kant, Critique of Pure Reason: judgment. Oliver Wendell Holmes, The Path of Law: If you
... If it sought to give general instructions how we want to know the law and nothing else, you must
are to subsume under these rules, that is, to look at it as a bad man, who cares only for the
distinguish whether something does or does not material consequences which such knowledge
come under them, that could only be by means of enables him to predict, not as a good one, who
another rule. This, in turn, for the very reason that finds his reasons for conduct, whether inside the
it is a rule, again demands guidance from law or outside of it, in the vaguer sanctions of
judgment. And thus it appears that, though conscience.
understanding is capable of being instructed, and
of being equipped with rules, judgment is a Max Radin in Legal Realism: Law is what courts and
peculiar talent which can be practiced only, and partly irresponsible administrative agencies will
cannot be taught. do or say within the limits set by statutes and
public opinion.
Formalism as a Theory of Justification
Brian Leiter: …lawyers now recognize that judges
Ernest Weinrib, 1998: Underlying any element in a are influenced by more than legal rules; judges
legal relationship is some consideration that and lawyers openly consider the policy or political
supposedly justifies it. The formalist concern with implications of legal rules and decisions; law texts
the structure of a legal relationship is, therefore, a now routinely consider the economic, political,
concern with the connection between justificatory and historical context of judicial decisions. In this
considerations. Do the considerations that justify sense, it is often said that “we are all realists now.”
the various parts of a legal relationship play their
justificatory roles in isolation from one another? LEGAL INTERPRETIVISM
Or do they interlock to form a single justification
that coherently pervades the entire relationship?
HART-DWORKIN DEBATE
IMMANENT RATIONALITY OF LAW
HART: THREE POSITIVIST THESIS
1. The components of the formalist analysis
are not elements of an external ideal, but 1. law is a set of rules identified as law by
merely the internal presuppositions of law some master rule (the rule of recognition
as a justificatory enterprise. 2. When no rule exists, judges have the
2. Formalism tries to make sense of juristic strong discretion to decide.
thinking and discourse in their own terms 3. Legal rights and legal obligations are
- law's attempt to work itself pure. entirely the product of legal rules.
3. Formalism highlights coherence, which is
itself an internal notion.

Antonin Scalia: To be a textualist in good Conventionalism: legal rights and obligations are
standing, one need not be too dull to perceive the derived strictly from existing laws, including
statutes and precedents.
broader social purposes that a statute is designed,
or could be designed, to serve; or too hide- bound Pragmatism: legal decisions should be made
to realize that new times require new laws. One based on what is deemed best for the community
need only hold the belief that judges have no
as a whole, rather than strictly adhering to :Interdisciplinarity –
existing laws
SUMMARY:
Law as Integrity: Judges have an interpretive role
• Defining law uncovers underlying assumptions
in finding the best moral justification for legal
decisions, while recognizing the value of often taken for granted, which should instead be
critically examined.
consistency with past precedents and the
evolution of law in accordance with the • Conceptual analysis, though not directly
community's sense of justice testable, can illuminate prevailing knowledge
structures and challenge their assumptions.
Ronald Dworkin: Law as integrity asks judges to
assume, so far as this is possible, that the law is • The relationship between law and morality is
structured by a coherent set of principles about complex and multifaceted. Both disciplines arise
justice and fairness and procedural due process, from specific intellectual traditions and address
and it asks them to enforce these in the fresh cases distinct inquiries.
that come before them, so that each person’s
situation is fair and just according to the same • Applying legal theory to real-world situations is
standards. That style of adjudication respects the complex, as different interpretive approaches
ambition integrity assumes, the ambition to be a have both advantages and drawbacks.
community of principle
• Law possesses the capacity to both liberate and
<insert case of the explorers, the stance per judge, subjugate.
and where such stances were anchored>
• Ultimately, we must consider how our legal
4. CRITICAL LEGAL STUDIES education equips us to comprehend law both as a
practical professional tool and as a complex
CRITIQUING THE LIBERAL PROJECT academic discipline.
LIBERAL RIGHTS THEORY
- individuals are not only bound by social CLASSIFICATION OF LAW
contract; they have individual rights to be
free from government interference NATURAL LAW
(especially the use of private property)
CRITICAL LEGAL STUDIES KINDS OF NATURAL LAW

- Rights are relations among persons : This derives its force and authority from God. It
regarding control of valued resources, is superior to other laws. It is binding upon the
thus are correlative as entitlement to one whole world and in all countries.
implies vulnerability of another.
A. Physical Law
<insert discussion on the leviathan> • Universal rule of action that governs the
conduct and movement of things which
: Is the law neutral?
are non-free and material.
: Is the law objective?
B. Moral Law
: Is the law anchored on free will?
• Set of rules which establishes what is right
Law is Politics
and what is wrong as dictated by the
Indeterminancy Thesis - No determinate rule human conscience.
system can secure liberty. Doctrinal standards C. Divine Law
requiring identification of the interests of legal • Two categories:
actors or populations are indeterminate. o Divine Positive Law (i.e., 10
Commandments)
Legal Consciousness -
o Divine Human Positive Law
Fundamental Contradiction – (Commandments of the Church)

: Deconstruction –
HUMAN POSITIVE LAW
: Political Engagement – :
This law is promulgated expressly or indirectly by
competent human authority for the common It consists, among others, of:
good, and usually, but not necessarily, imposing
sanctions in case of disobedience. • Constitutional Laws I & II
• Administrative LAW, Law on Public
KINDS OF HUMAN POSITIVE LAW Officers, and Election Laws
• Public International Law
According to force and effect: CRIMINAL LAW
1. Mandatory and/or Prohibitionary : That branch of law which defines offenses and
Laws specify the corresponding penalties therefore.
• Those which have to be complied with,
because they are expressive of public It consists, among others, of:
policy; disobedience is punished • Criminal Law I
2. Permissive or suppletory laws • Criminal Law II
• Those which may be deviated from, if the
LAWS ON TAXATION
individual so desires.
According to the scope or content of the law: : That branch of law which deals with the
imposition and collection of taxes.
1. Public Law
• That which governs the relations of the It consists, among others, of:
individual with the state or ruler or • Taxation I
community as a whole (This includes • Taxation II
Political Law, Criminal Law, and Law on
Taxation) CIVIL LAW
2. Private Law : That branch of law which every particular nation
• That which regulates the relations of the or state has established peculiarly for itself. This
members of a community with one law concerns with civil or private rights and
another (This consists of Civil Law, Labor remedies, as contrasted to criminal law.
Law, and Commercial Law).
It consists, among others, of:
According to whether a right is given or merely • Persons and Family Relations
the procedure for enforcement is laid down: • Property
1. Substantive Law • Obligation and Contracts
• That which establishes rights and duties. • Succession
2. Remedial (or procedural or adjective • Sales
law) • Credit Transactions
• That which prescribes the manner of • Agency, Trust, and Partnership
enforcing legal rights and duties. • Torts and Damages
• Transportation Law

LABOR LAWS

(KINDS) OF LAW : That branch of law which deals with the


relationship between the employer and the
POLITICAL LAW employee, as well as the working condition,
wages, fringe benefits, grievances and association
of employees.
: The branch of public law which deals with the
It consists, among others, of:
organization and operations of the governmental
• Labor Law I
organs of the State and defines the relations of the
• Labor Law II
State with the inhabitants of the territory.
COMMERCIAL LAW

: Body of law that applies to the rights, relations,


and conduct of persons and businesses engaged
in commerce, merchandising, and trade.
It consists, among others, of:
• Commercial Law
• Negotiable Instruments Law

REMEDIAL LAW

: It refers to the means and methods of setting the


courts in motion, making facts known to them and
effectuating their judgements.
It consists, among others, of:
• Civil Procedure
• Criminal Procedure
• Evidence
• Special Proceedings
SOURCES OF LAW OTHERS

LEGAL TERMS Ab Initio: From the beginning


Act: The law.
Ad Litem: While the action is pending.
AUTHORITY Adjudicate: Refers to the function or the power
of the Court to resolve issues.
Jurisdiction – It refers to the authority or power. Affidavit: Sworn statement;
Whose authority or power? A.K.A: Also known as
Bonafide: In good faith
: Venue – It refers to a place; Venue is procedural; Malafide: In bad faith
Issued by the Supreme Court. Case in Point: The facts are similar with the…
Case Law: The decisions of the Court
: Concurrent Jurisdiction – two or three courts Chattel:
have a jurisdiction over a subject matter. Decedent: Someone who died
e.g.: Dictum: Refers to the opinion of a judge or a
justice
: Territorial Jurisdiction Per Curiam: a decision of the SC as a whole
body; No ponente that one can find in the
: Trial Courts - Courts that conduct a trial to try a decision.
case. Ponentia: Decision of the Ponente.
Ponente: Writer of the decision.
FORMS Ratio Decidendi:
Ex parte: Without the participation of the other
: Rules of Court – party.
De Parte: There is a counsel who is engaged by
: Pleading – the party to a case.
Officio: An appointed counsel by the court.
: Appellate Briefs – A pleading filed before an Interlocutory:
appellate court. Technically, the document is Intestate: There is no will.
referred to as a brief. Testate: There is a will.
Lis pendens: pendency of an action
: TSNs – Transcript of Stenographic Notes Res Judicata: A matter has been disposed of with
finality and it cannot be relitigated.
PARTIES Subpoena:

Plaintiff: GOVERNMENT STRUCTURE


Defendant:
EXECUTIVE
Petitioner:
Respondent: : The President has an ordinance power
(Sources of Law)
There is a matter brought about as an appeal - Executive Order
Appellant: Party appealing - Administrative Order
Appellee: Opposing party - Proclamation
- Memorandum Order
DECISIONS - Memorandum Circular
- General or Special Order
Decision:
Precedent: (Stare decisis) LEGISLATIVE
Fallo: Wherefore; Refers to the dispositive
portion of the decision; It is only the fallo that can (Sources of Law)
be executed. The Court will be guided by the - 1900 -1935: Acts
Fallo. - 1936 – 1941: Commonwealth Act
- 1946 – 1972: Republic Act CASE LAW PROPER
- 1972 – 1986: Presidential Decrees/ Batas
Pambansa CLASSES:
- 1986 – 1987: Executive Order : Decisions of the Supreme Court
- 1987 – present: Republic Act : Decisions of the Court of Appeals
: Decisions of Sandiganbayan
JUDICIARY : Decisions of the Regional Trial Courts (RTCs)
: Judicial Power and Metropolitan Courts in the Cities (MTCCs)
- Jurisdiction
o General SUBORDINATE CASE LAW
o Special
- Judicial Regions : Decisions of Commissions and Boards
- Internal Rules : Rulings of Administrative Officers
- Other Rules : Opinions of the OP
o E-filing : Opinions of the Secretary of Justice
o EUPR (Effective Use of Paper : Opinions of the Solicitor General
Rule) : Opinions of Legal Officers and Government
o JAR (Judicial Affidavit Rule) Agencies
o Continuous Trial
o Small Claims (Lawyers are PARTS OF A CASE
prohibited to appear)
• Title
STATUTORY LAWS • Citation
• Synopsis
CLASSIFICATIONS • Headnotes/Syllabi
• Case History
A. Constitution • Opinion
B. Treaties o Holding
C. Statutes Proper & Subordinate o Concurring/Dissenting
Legislation
D. Legislative Rules & Court Rules CLASSIFICATION OF SOURCES OF LAW

When it comes to law, here are points to BY AUTHORITY


consider:
1. Enactment PRIMARY:
: • Mandatory Primary Authority
2. Termination • Persuasive Mandatory Authority
: SECONDARY:
3. Effectivity • What is the effect upon courts?
:
BY SOURCE (WHO/WHAT)
4. Retroactivity
: PRIMARY:

OTHER POINTS SECODARY:

- Language
Printed vs. Electronic
- Sections - In case of conflict, which will prevail?
- Terms
- Official Gazette Online?
Publication in Newspaper
- EO 200 (1987)
- Purpose
According to the Official Gazette (re: errors in
online publication): “Please note that the
posting of laws and issuances in this website 5. Administrative Rules
is for information dissemination. The Sample format:
effectivity of laws, regulations, and issuances DOLE Rules and Reg. No. ____ (____)
start 15 days , unless otherwise provided in 6. Administrative Order
the document, after their publication in the Adm. Order No. ____ ([year])
Official Gazette print version or in two 7. Ordinances
newspapers of general circulation as Manila Ordinance ______ ([ year])
mandated by the Administrative Code of 1987 8. Court Rules
and Executive Order 200, s. 1987.” RULES OF COURT, Rule ____, Sec. ____
“Should there be discrepancies between a text 9. Court Decisions
entry and the corresponding scanned copy of a. General Rule
laws, departmental and executive issuances, (Examples):
treaties, and executive agreements uploaded SC: People v. __________, G.R. No. ____
on this website, please note that the ([date of promulgation])
controlling version is the attached scanned CA: __________ v. ________, ______ C.A. Rep.
copy found below the entry.” ________ ([date of promulgation])
Exceptions:
BY CHARACTER - Cite Islamic and Chinese names in full
- Cite compound names in full
PRIMARY: - Cite names of corporations in full

SECONDARY SOURCES
SECONDARY: 1. Books
- I Moran, COMMENTS ON THE RULES OF
• Statute books COURT 195 (6th ed ., 1963)
• Case books 2. Annotations
• Search books (law finders or tools) - Annot., 1 9 SCRA 280 (1967)
3. Encyclopedia
HOW TO CITE SOURCES
- 81 A M. JUR. 2d Wil ls 7 (1976)
4. Internet Source
PRIMARY SOURCES - People v. Alquizales [Supreme Court] G.R.
No. 128386, March 25, 1999 (unreported,
A. STATUTORY LAWS Quisumbing, J.<www.supremecourt.gov.
1. Constitution: ph.> November 15, 1999 [11 -12].

CONST., art. ______________

2. Laws
Examples:
CA (1935-19 45): Com. Act No.
____ ([year]). sec. ____
BP (1984-1986): Batas Blg.___
([ year])
RA (1946 -1972; 1987 to date): Rep . Act
No. ______([ year])
3. Codes
Examples:
Civil Code – CIVIL CODE
Family Code – FAMILY CODE
Revised Penal Code – REV. PEN. CODE
4. Opinions of the SOJ:
Sec. of Justice Op. No. ___, s. ___

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