LEGAL RESEARCH by Rufus B. Rodriguez 02
Characteristics of Law
I. INTRODUCTION
1. Legal Research, Defined
-It is the process of finding the law, rules and regulations that govern
activities of human society. It is also defined as the investigation for
information necessary to support legal decision making.
2. Legal Research, Importance
-To provide competent representation* and uphold the standards of
the legal profession
*requires the legal knowledge, skill, thoroughness and preparation
reasonably necessary for representation.
3. Legal Research, Sources
-Involves the use of a variety of printed* and electronic sources.
*constitution, statutes, court decisions, administrative rules and
scholarly commentaries
4. Legal Research and Bibliography, Distinguished
-Legal Research is the method or system of inquiry and investigation
involving the actual use of the law books, while Legal Bibliography is
concerned with the study of the materials essential to the inquiry of
the researcher.
Legal Bibliography, Defined
-It is generally defined as the science or study of law books, their
history, evolution and description, their characteristics and use,
including such details as their authors, publishers, dates, editions and
degree of authoritativeness.
5. Legal Bibliography, Importance
-The efficient use of law books can only be learned by study and
application. It is an aid in the process* of analyzing a legal question.
*where to find the law, in what book, and how
6. Legal Research and Bibliography, Aim
-In order to provide legal basis for a claim, one must present for
consideration the authority which must be applied, and which the
court is bound to apply.
7. Sources of Law
Primary Sources -recorded laws and rules which will
be enforced by state
*legislative actions, codes, statutes, judicial decisions, administrative
laws (IRR)
Secondary Sources -publications that discuss or analyze legal doctrine
*treatises, commentaries, encyclopedias, legal writings (Academic
Journals, IBP Journal & Lawyers Review)
Finding Tools
*SCRA Quick-Index Digest, Phil Juris & Lex Libris
II. LAWS
1. Law, Defined
-A rule of conduct, just and obligatory, promulgated by legitimate
authority for the common observance and benefit
2.
Rule of conduct
-guidelines of what to do or not to do
Just and obligatory
-imposes a duty to obey
Promulgated by legitimate authority
-by the legislature
Common observance and benefit
-observed by all for the benefit of all
3. Sources of Laws
Constitution
Legislation, Administrative or Executive Acts
Judicial Decisions or Jurisprudence
Customs
4. Effectivity of Laws
Art. 2, Civil Code. Laws shall take effect after 15 days upon
completion of their publication in the Official Gazette, unless
otherwise provided.
*EO 200 in newspaper of general circulation
Taada vs Tuvera
136 SCRA 27
FACTS: Invoking the right of the people to be
informed on matters of public concern as well as the
principle that laws to be valid and enforceable must
be published in the Official Gazette, petitioners filed
for writ of mandamus to compel respondent public
officials to publish and/or cause to publish various
presidential decrees, letters of instructions, general
orders, proclamations, executive orders, letters of
implementations and administrative orders. The
Solicitor General, representing the respondents,
moved for the dismissal of the case, contending that
petitioners have no legal personality to bring the
instant petition.
ISSUE: W.O.N. publication in the Official Gazette is
required before any law or statute becomes valid and
enforceable.
HELD: Art. 2 of the Civil Code does not preclude the
requirement of publication in the Official Gazette,
even if the law itself provides for the date of its
effectivity. The clear object of this provision is to give
the general public adequate notice of the various laws
which are to regulate their actions and conduct as
citizens. Without such notice and publication, there
would be no basis for the application of the maxim
ignoratia legis nominem excusat. It would be the
height of injustive to punish or otherwise burden a
citizen for the transgression of a law which he had no
notice whatsoever, not even a constructive one.
The very first clause of Section 1 of CA 638 reads:
there shall be published in the Official Gazette. The
word shall therein imposes upon respondent
officials an imperative duty. That duty must be
enforced if the constitutional right of the people to be
LEGALRESEARCH 1 | PLATON
 informed on matter of public concern is to be given
substance and validity.
The publication of presidential issuances of public
nature or of general applicability is a requirement of
due process. It is a rule of law that before a person
may be bound by law, he must first be officially and
specifically informed of its contents. The Court
declared that presidential issuances of general
application which have not been published have no
force and effect.
Taada vs Tuvera
146 SCRA 446
FACTS: This is a motion for reconsideration of the decision
promulgated on April 24, 1985.
Respondent argued that while publication was necessary as a
rule, it was not so when it was otherwise as when the
decrees themselves declared that they were to become
effective immediately upon their approval.
ISSUES: W.O.N. a distinction be made between laws of general
applicability and laws which are not as to their publication;
and W.O.N. a publication shall be made in publications of
general circulation.
HELD: The clause unless it is otherwise provided refers to
the date of effectivity and not to the requirement of
publication itself, which cannot in any event be omitted. This
clause does not mean that the legislature may make the law
effective immediately upon approval, or in any other date,
without its previous publication. Laws should refer to all
laws and not only to those of general application, for strictly
speaking, all laws relate to the people in general albeit there
are some that do not apply to them directly. A law without
any bearing on the public would be invalid as an intrusion of
privacy or as class legislation or as an ultra vires act of the
legislature. To be valid, the law must invariably affect the
public interest eve if it might be directly applicable only to
one individual, or some of the people only, and not to the
public as a whole.
All statutes, including those of local application and private
laws, shall be published as a condition for their effectivity,
which shall begin 15 days after publication unless a different
effectivity date is fixed by the legislature.
Publication must be in full or it is no publication at all, since
its purpose is to inform the public of the content of the law.
Article 2 of the Civil Code provides that publication of laws
must be made in the Official Gazette, and not elsewhere, as a
requirement for their effectivity. The Supreme Court is not
called upon to rule upon the wisdom of a law or to repeal or
modify it if it finds it impractical.
The publication must be made forthwith, or at least
as soon as possible.1
Umali vs Estanislao
209 SCRA 446
FACTS: RA 7167, providing additional exemptions to
taxpayers, was signed and approved on December 1991 with
the clause shall take effect upon its approval and was
published on January 14, 1992 in Malaya, a newspaper of
general circulation. Petitioner filed a Petition for Mandamus
1 Source: Internet
to compel the Secretary of Finance and the CIR, herein
respondents, to implement RA 7167.
ISSUE: W.O.N. RA 7167 took effect upon its approval or after
15 days upon its publication and if it covers taxable income
for year ended 1991.
HELD: RA 7167 took effect on January 30, 1992, after
15 days upon publication and not upon its approval
on December 1991 because the effectivity clause is
defective. In the second issue, looking into the
contemporaneous
legislative intent, the Act was intended to adjust the
poverty threshold level at the time said Act was
enacted and not in the future.
Farias vs Executive Secretary
417 SCRA 503
FACTS: RA 9006, The Fair Election Act, was signed
into law by President Arroyo. Petitioners, members of
the Minority of the House of Representatives, filed a
Petition to declare said Act unconstitutional because
it violated Sec. 26, Article 6 of the Constitution
requiring every law to have only one subject which
should be expressed in its title. Moreover, it is
violative of the Due Process Clause of the Constitution
with regards to Sec. 16 which states that This act
shall take effect immediately upon its approval.
HELD: The effectivity clause of RA 9006 is defective,
but it does not render the entire law defective. Under
the case of Taada vs Tuvera, the phrase unless
otherwise provided refers to the date and not to
publication, which is indispensable.
La Bugal-blaan Tribal Association, Inc. vs Ramos
421 SCRA 148
FACTS: On July 25, 1987, two days before the
convening of the First Congress, President Aquino, in
her exercise of legislative power during the
Provisional Constitution, issued EO 279 with the
clause shall take effect immediately. EO 279 was
published on August 3, 1987.
ISSUE: W.O.N. EO 279 violated EO 200 where a law
shall take effect after 15 days following its publication
and W.O.N. legislative powers of the President ceased
to exist upon the convening of the First Congress two
days after EO 279s issuance, thereby making such
issuance invalid.
HELD: EO 279 is an effective and validly enacted
statute. There is nothing in EO 200 that prevent a law
from taking effect on a date other than, or before, the
15-day period after its publication. The 15-day period
only applies to those laws that do not provide for its
own effectivity date. When EO 279 was published, it
became immediately effective upon its publication.
On EO 279s validity, it was issued before the
convening of the First Congress therefore the
President was validly exercising her legislative
powers.
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5. Classification of Laws Tax -exaction of money from the state to achieve
legislative or general objective
Natural Law -divine inspiration in man, derives its force and
authority from God. Binding to the whole world As to application
Mandatory -non-compliance renders act void or illegal
A. Physical Law -universal rule of action that governs the Directory -non-compliance does not invalidate act
conduct and movement of things i.e law of
gravitation As to performance
______________________________________________________________________________ Permanent -continues in performance until altered or
B. Moral Law -establishes what is right and what is wrong as repealed
dictated by human conscience Temporary -fixed for a specified period

C. Divine Law -divine positive law 10 commandments; divine As to scope

human positive law, enacted by man for their General -applies to persons, entities, things as a class omitting no one
general welfare Special -particular persons, entities, things
Local -specific, within territorial limits
Positive Law
Others
A. Public Law -Constitutional Law, the fundamental law of the Prospective -operates after it takes effect
land which defines the powers of the Retrospective -affects acts already committed
government; Administrative Law, fixes before effectivity
organization and its functions; International
Law, regulates the community of nations Repealing -revokes or terminates another statute
B. Private Law - Substantive, creates duties, rights; and Amendatory -addition to the original law for improvement
Procedural, means & methods in courts (modifies or qualifies)

III. STATUTES Reference -refers to other statutes and make them

applicable to the subject of the new legislation
1. Statute, Defined Declaratory -establishes its meaning & correct construction
-A written will of the legislature expressed according to the form
necessary to constitute it a law of the state and rendered authentic by
certain prescribed forms and solemnities
Statutes Proper, Parts
2. Classes of Statute Law
Title -gives the general statement of the subject matter
A. The 1987 Constitution
Preamble -states the reason for, or the objects of the
Constitution, Defined enactment
-The fundamental law or supreme law of the land promulgated by
the people. A law, to which all other laws must conform Enacting Clause -indicates the authority which promulgates the
enactment
-The written instrument by which the fundamental powers of the
government are established, limited and defined and by which these Body -contains the subject matter of the statute and
powers are distributed among the several departments for their safe shall embrace only one subject
and useful exercise for the benefit of the people
Provisos -acting as a restraint upon or as qualification of
B. Treaties and International Agreements the generality of the language which it follows

Treaty, Defined Interpretative Clause -legislature defines its own language

-An agreement between or among states which generally governs or prescribes rules for its
their mutual conduct with one another construction
Repealing Clause -announces the legislative intent to
C. Statutes enacted by the Legislature terminate or revoke another statute

Statute Proper, Kinds Saving Clause -restricts a repealing act and

preserves existing powers, rights and
As to nature pending proceedings from the
Penal -imposes punishment of an offense effects of the repeal
Remedial -remedy former laws, reform or extend rights Separability Clause -if for any reason, any section or
Substantive -creates, defines, regulates the rights and duties provision is held to be
of parties unconstitutional or invoked, the
Labor -welfare of laborers, governs other section or provision of the law
employeremployee relationship shall not be affected thereby.
Date of effectivity -when the law shall take effect (Article 2
of the Civil Code)

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Note:
*TITLE must have only one subject to prevent hodge-podge or
logrolling legislation, to prevent surprise or fraud, and to fairly
apprise the people of the subject of legislation
Hodge-Podge, Defined
-A mischievous legislative practice of embracing in one bill several
distinct matters, none of which, perhaps, could singly obtain the
assent of the legislator, and then procuring its passage by a
combination of the minorities in favour of each of the measure into a
majority that will adopt them all
-Objective: to unite the legislators who favour any one of the
subjects in support of the whole act. VOID
Test of sufficiency of title: indicates in broad but CLEAR terms in
nature, scope and consequences of the proposed law and its
operation
In case of doubt as to the sufficiency of the title, the presumption is in
favour of the validity of the acts
Lidasan vs COMELEC
21 SCRA 496
FACTS: RA 4790 An Act Creating the Municipality of
Dianaton in the Province of Lanao del Sur was signed
into law consisting of 21 barrios, 12 of which are from
the municipalities of Parang and Buldon, province of
Cotabato. The Office of the President recommended
the COMELEC to suspend the operation of the statute
until clarified. Notwithstanding, the COMELEC
declared that the statute should be implemented
unless declared unconstitutional by the SC. Hence the
petition for certiorari and prohibition filed by Bara
Lidasan, a resident and taxpayer of the detached
portion of Parang, Cotabato and a qualified voter.
HELD: RA 4790 is unconstitutional because it violates
the provision that no bill which may be enacted into
law shall embrace more than one subject which shall
be expressed in the title of the
bill
Two-pronged purpose combined in one statute: It
creates the municipality of Dianaton purportedly
from 21 barrios in the towns of Butig and Balabagan,
both in the province of Lanao del Sur; and It also
dismembers two municipalities in Cotabato, a
province different from Lanao del Sur
RATIONALE: Title to be couched in a language
sufficient to notify the legislators and the public and
those concerned of the import of the single subject
thereof.
A title which is so uncertain that the average person
reading it would not be informed of the purpose of
the enactment or put on inquiry as to its contents, or
which is misleading, either in referring to or
indicating one subject where another or different one
is really embraced in the act, or in omitting any
expression or indication of the real subject or scope
of the act, is bad.
*PREAMBLE does not create right nor grant any right, not a source
of government power, not an essential part of a statute (Whereas)
People vs Echaves
95 SCRA 663
FACTS: Fiscal Ello filed before the lower court
separate informations against 16 persons charging
them with squatting penalized by PD 772. The
informations were dismissed on the grounds that (1)
entry should be by force, intimidation or threat and
not through stealth and strategy as alleged; (2) PD
772 does not apply to the cultivation of a grazing land.
Motion for consideration was likewise denied. The
phrase and for other purposes in the decree does
not include agricultural purposes because its
preamble does not mention the Secretary of
Agriculture and makes reference to the affluent class.
Hence, the appeal to this Court.
HELD: Lower courts decision affirmed. The decree
does not apply to pasture lands because its preamble
shows that it was intended to apply to squatting in
urban communities or more particularly to illegal
constructions in squatting areas made by well-to-do
individuals. The squatting complained of involves
pasture lands in rural areas. On the other hand, it is
punished by RA 947 RATIONALE: The rule of ejusdem
generis does not apply to PD 772 where the intent of
decree is unmistakable.
Aglipay vs Ruiz
64 SCRA 201
FACTS: Mons. Aglipay sought an issuance of
prohibition from the court to prevent Director of
Posts from issuing and selling postage stamps
commemorative of the 33rd International Eucharistic
Congress which violates the provision that no public
money or property shall ever be appropriated,
applied or used, directly or indirectly, for the benefit,
or support of any sect, church, denomination or the
principle of separation of church and state.
HELD: Petition denied. RA 4052 which appropriates a
sum of P60,000 for the said stamps contemplates no
religious purpose in view. Stamps were not issued and
sold for the benefit of the Roman Catholic Church; nor
money derived from the sale given to that church.
Moreover, what is emphasized is not the Eucharistic
Congress itself but Manila as the seat of that congress.
RATIONALE: What is guaranteed
by our
Constitution is religious liberty and not mere religious
toleration. Religious freedom, as a Constitutional
mandate, is not inhibition of profound reverence for
religion and is not a denial of its
influence in human affairs
*BODY consists of only one subject, as long as the provisions are allied
and germane to the subject
*SEPARABILITY CLAUSE if so mutually dependent and connected, or
intended as a whole, nullity of one part vitiates the rest
LEGALRESEARCH 4 | PLATON
*DATE OF EFFECTIVITY publication in the Official Gazette, condition
for their effectivity1, except those interpretative regulations and those
internal in nature
D. Administrative Rules and Regulations
E. Ordinances enacted by the Autonomous Regions
F. Ordinances enacted by Local Government Units
3. Philippine Legislative System
4. When a Bill becomes a Law, Process
* Proposal to the committee
* 1st reading (in session, read title, author, synopsis)
* Referred to appropriate committee
* 2nd reading (debate, interpolation, amendment, finalize)
* Endorse to plenary
* 3rd reading (Vote via Viva Voce or Roll-call, Yeas or Nays)
* Second Committee (Repeat steps 2-6)
Harmonization of the bill, if necessary:
* Parallel reading between house and senate
-Bicameral Conference Committee (3rd House of Congress)
* Enrolled Bill
*signed by Senate President and Speaker of the House
* Submit to President for approval (approve/ veto/ lapse into law)
______________________________________________________________________________
5. Civil Law and Common Law System, Distinguished -With respect to
laws, the former are written laws at the time it was crafted while the
latter are laws handed down by elders through memory of men,
originally unwritten then codified. In the former, judges only
interpret the laws because the legislature has the exclusive power of
promulgating such; while in the latter judges may legislate.
IV. CASE LAW
1. Case Law, Defined
-the decisions, interpretations made by judges while deciding on the
legal issues before them which are considered as the common law or
as an aid for interpretation of a law in subsequent cases with similar
conditions. Case laws are used by advocates to support their views to
favor their clients and also it influences the decision of the
judges.2
-it comes from judicial authorities of the state and is the 2nd major
category of primary sources of law
2. Classes of Case Law
* Decisions Proper
-Decisions by regular courts of Justice3
-Decisions of the Supreme Court
-Decisions of the Court of Appeals
-Decisions of the Sandiganbayan
-Decisions of the Court of Tax Appeals
-Decisions of the Regional Trial Courts
-Decisions of the Metropolitan Trial Courts, the Municipal
Trial Courts and the Municipal Circuit Trial Courts
1 Taada vs. Tuvera, 136 SCRA 27
2 Legal-explanations.com 2010
3 Pedro Joven
* Subordinate Decisions
-Ruling of Boards, Commissions, and Administrative officers, and
opinions of legal officers of the Government4
-Decisions of the Senate Electoral Tribunal and the House
of Representatives Electoral Tribunal
-Decisions of Administrative Agencies Exercising
QuasiJudicial Powers, such as:
-COMELEC
-CSC
-Commission on Audit
-NLRC
-Insurance Commission
-Housing & Land Use Regulatory Board
-DAR Adjudication Board
3. Decision, Defined
-Judgment, decree, or determination of findings of fact and/or of law
by a judge, arbitrator, court, governmental agency, or other official
tribunal (court) 5
A conclusion reached after an evaluation of facts and law.
*When referring to judicial matters, a decision is not the same as an
opinion, although the terms are sometimes used interchangeably. A
decision is the pronouncement of the solution of the court or
judgment in a case, while an opinion is a statement of the reasons for
its determination made by the court6
4. Parts of a Decision/ Ponencia:
(1) Title (indicating the names of the parties)
(2) Syllabus (summary of important points of decision)
(3) Portion of the report that carries authority
______________________________________________________________________________
(4) Statement of facts
(5) Abstracts of briefs of counsels (Arguments)
(6) Opinion of the court
(7) Dispositive portion (decision) of the case
(8) Separate Dissenting or Concurring Opinion of Justices
NOTE: Per curiam - Report agreed upon by all justices
5. Effect of Decided Case (of the Supreme Court):
(1) An authoritative settlement of the particular controversy before
it; and
(2) As a precedent for future cases
6. Res judicata, Defined
-a matter adjudged, judicially acted upon or decided, or settled by
judgment. It provides that a final judgment on the merits rendered by
a court of competent jurisdiction is conclusive as to the rights of the
parties and their privies; and constitutes an absolute bar to
subsequent actions involving the same claim, demand or cause of
action
7. Requisites of Res judicata:
(1) The former judgment must be final;
(2) The court that rendered it had jurisdiction over the subject matter
and the parties;
4 Pedro Joven
5 Hill, 2005
6 West's Encyclopedia of American Law, edition 2
LEGALRESEARCH 5 | PLATON
(3) It is a judgment on the merits (rendered after consideration of
evidence and stipulations); and
(4) There is between the first and the second actions an identity
of parties, subject matter and cause of action (G.R. No. 141886
[2003])
8. Law of the Case, Defined
-The doctrine that when a court decides upon a rule of law, that
decision should continue to govern the same issue in subsequent
stages in the same case6
- The doctrine of "law of the case" is one of policy only, however, and
will be disregarded when compelling circumstances require a
redetermination of the point of law decided on the prior appeal. Such
circumstances exist when an intervening or contemporaneous change
in the law has transpired by the establishment of new precedent by a
controlling authority or the overruling of former
decisions. 2
9. Stare Decisis, Defined
-The principle that the decisions of a court are a binding authority on
the court that issued the decisions and on the lower courts for the
disposition of factually similar controversies. Stand on what has been
decided
-Adherence to precedents, states that once a case has been decided
one way, then another case, involving exactly the same point at
issue, should be decided in the same manner. 3
NOTE: Supreme Court is not bound by this doctrine because it can
overturn precedents.
Kinds of Stare Decisis:
1. Vertical Stare Decisis -Duty of lower courts to apply the decisions of
the higher courts to cases involving
the same facts.
(Obligation)
______________________________________________________________________________
2. Horizontal Stare Decisis -Higher courts must follow its own
precedents (Policy)
-Constitutional Stare Decisis are
judicial interpretations of the
Constitution; while, Statutory Stare
Decisis are interpretations of
statutes
10. Importance of Precedents
-The importance of precedent is summed up in the words of Lord
Gardiner in London Tramways Co. vs. London City Council where he
said, '...[justices] regard the use of precedent as an indispensable
foundation upon which to decide what is the law and its application
to individual cases. It provides at least some degree of certainty upon
which individuals can rely in the conduct of their affairs, as well as a
basis for an orderly development of legal rules'.
-Certainty leads to stability, and it is of the foremost importance in
creating order in society. 4
Res Judicata and Stare Decisis, Effects
-The former to the settlement of the immediate controversy and the
1 Pedro Joven
2 West's Encyclopedia of American Law, edition 2
3 Civil Code, Paras (2008)
latter to the impact of the decision as precedent
Res Judicata and Law of the case, Distinguished
-The former forecloses parties in one case, while the latter does not
have the finality of the former and applies only to a particular case.
11. Subordinate Case Laws
12. Decision of the Court of Appeals
-The Court of Appeals serves as our intermediate appellate court. As
to whether the decisions of this Tribunal shall constitute precedents,
the Supreme Court of the Philippines, in the case of Miranda, et al, v.
Imperial (77 Phil. 1066) held: Only the decision of this Honorable
Court establish jurisprudence or doctrines in the jurisdiction.
However, this does not prevent that a conclusion or pronouncement
of the Court of Appeals which covers a point of law still undecided in
our jurisprudence may serve as juridical guide to the inferior courts,
and that such conclusion or pronouncement be raised as a doctrine if,
after it has been subjected to test in the crucible of analysis and
revision, this Supreme Court should find that it has merits and
qualities sufficient for its consecration as a rule of jurisprudence
Silva vs Mationg
499 SCRA 724
FACTS: Aklan Electric Cooperative, Inc (AKELCO)
failed to pay its P25M obligation which resulted to a
power cut-off. NAPOCOR restored power upon
learning of the NEA take-over. However, respondent
remained as General Manager. Respondent was soon
terminated finding him guilty of wilful breach of trust
and confidence. Respondent filed a Manifestation and
Supplemental motion before the CA nullifying his
removal on the ground that Sec. 10 (e) of PD 269
which provides for suspension or removal and
replacement is reserved solely to the NEA-BOA; and
prays for reinstatement. CA granted the motion.
Hence, this petition.
HELD: Petition granted. Respondents termination is
valid. AKELCO-BOD submitted its Board Resolutions
suspending and removing respondent to NEA for
approval, therefore the former was acting pursuant
to the authorization.
______________________________________________________________________________
The SC noted, however, that petitioners counsel relied on several
decisions of the CA in addition to SC cases to buttress his arguments.
The SC reminded counsel that decisions of the CA are neither
controlling nor conclusive on this Court.
Nepomuceno vs City of Surigao
560 SCRA 41
FACTS: Petitioner filed a complaint before the RTC for
Recovery of Real Property and/or its Market Value to
recover a lot which was occupied, developed and used as a city
road by the respondent without permission nor expropriation
proceedings for its acquisition. Notwithstanding proposal for
amicable settlement, the City Mayor refused to pay. RTC
granted petitioner P3,260 as compensation for the land in
dispute. Not satisfied, the petitioner appealed to the CA. The
CA entitled petitioner for moral damages but affirmed the
compensation awarded. Petitioner sought for the value at the
4 Studyworld.com, 2010
LEGALRESEARCH 6 | PLATON
time of actual payment invoking CA decisions with the
substantial factual similarity in this case, as well as Article
1250 of the Civil Code.
HELD: Petition denied. In a long line of cases, it has been held
that it is the value of the property at the time of taking that is
controlling for purposes of compensation. We find no
application for Article 1250 because it pertains to contractual
obligations.
Moreover, petitioner cannot properly insist on the application
of the CA decisions. A ruling of the CA on any question of law
is not binding on this Court. In fact, the Court may review,
modify or reverse nu such ruling of the CA.
RATIONALE: The owner of the private property should be
compensated only for what he actually loses; it is not intended
that his compensation shall extend beyond his loss or injury.
Ayala Corporation vs Rosa-Diana Realty and
Development Corp
346 SCRA 663
FACTS: Petitioner sold a parcel of land to Manuel Sy and Sy Ka
Kieng. The Deed of Sale executed between the parties
contained special conditions of sale: Submission of building
plans for Ayalas approval, period of construction, and no
resale of the said property. The buyers failed to construct and
the lot was then sold to herein respondent, with Ayalas
approval, promising to abide by the said special conditions.
Building plans of The Peak were sent to Ayala and, a
substantially different one, to the building official of Makati.
Ayala filed before the lower court an action for specific
performance of contractual obligation, in an alternative,
rescission of the sale, which was denied. Undeterred, Ayala
tried to cause the annotation of a notice of lis pendens on the
title but was denied by the Register of Deeds of Makati. The
Land Registration Authority reversed the ruling but was
overturned by the CA. Rosa-Diana filed a Demurrer to
Evidence averring that Ayala failed to establish its right to the
relief sought which was sustained by the trial court. Ayala was
guilty of abandonment and/or estoppel due to its failure to
enforce the terms of the deed of restrictions and special
conditions of sale. The CA affirmed the ruling of the trial court
saying that the appeal is sealed by the doctrine of the law of
the case with reference to a previous case. Thus, Ayala is
barred from enforcing the Deed of Restrictions.
Hence, the appeal to this Court.
HELD: The decision of the CA is reversed and set aside. The
law of the case or stare decisis cannot be held applicable in the
case at bench. The sole issue raised before the appellate court
was the propriety of the lis pendens annotation.
RATIONALE: The ruling covered by the doctrine of the law of
the case is adhered to in the single case where it arises, but is
not carried into other cases as precedent.
Silliman University vs Fontelo-Paalan
525 SCRA 759
FACTS: Respondent was employed by the petitioner and was
assigned to the Medical Records Section of the Silliman
University Medical Center. She was later promoted as the
Head, the position she held until her retirement at the age of
57 pursuant to the provisions of the petitioners retirement
plan. Accordingly, respondent received her retirement
benefits. Three years after, respondent filed with the NLRC a
complaint for illegal dismissal against petitioner on the
ground that said provision violates her constitutional right of
security of tenure and is contrary to the compulsory
retirement age of 65. Petitioner was found guilty of illegal
dismissal by the Labor Arbiter. On appeal, NLRC reversed the
ruling of the LA and upheld the validity of the retirement plan.
Respondent filed a Motion for Reconsideration but was
denied but modified its decision by adjudging the petitioner
liable for additional retirement benefits. Respondent then
appealed before the CA, which affirmed the modified decision
of the NLRC. Respondent opted to accept the adverse
judgment. Petitioner, on the other hand, filed a Petition for
Review on Certiorari in reference to its liability.
HELD: Petition denied. This Court is already without
jurisdiction to take cognizance of the present Petition. By the
petitioner and respondents inaction and presumed
acquiescence, respectively, the findings of the NLRC and the
CA, attained finality and thus, became final and executory not
having been timely appealed.
Lambino vs COMELEC
505 SCRA 160
US vs Ruiz
136 SCRA 487
FACTS: USA had a naval base in Subic Zambales. The base was
one of those provided in the Military Bases Agreement
between the Philippines and the US. Sometime in May 1972,
the US invited the submission of bids for the repair of its naval
equipment. Eligio de Guzman and Co. submitted their bids.
Subsequently, it received 2 telegrams requesting it to confirm
its price proposals. On June 1972, the company received a
letter which was signed by William I. Collins of the US Navy
stating that it did not qualify to receive an award because of
its unsatisfactory performance ratings. The company then
filed a petition in the trial court to issue a writ of preliminary
injuction, which the RTC affirmed. Hence this petition.
ISSUE: W.O.N. our courts have jurisdiction over the
present case; W.O.N. the respondent judge erred in
applying the case of Lyons vs USA
HELD: Petition granted. The traditional rule of State
immunity exempts a state from being sued in courts
of another state without its consent. The reliance
placed on Lyons by the respondent judge is misplaced.
In the case, it can be seen that the statement in respect
of the waiver of State Immunity from suit was purely
gratuitous and therefore obiter, thus, it has no value
as an imperative authority.
RATIONALE: The restrictive application of State
Immunity is proper only when the proceedings arise
out of commercial transactions of the foreign
sovereign. It does not apply where the contract relates
to the exercise of its sovereign functions. in the case at
bar, the projects are an integral part of the naval base
devoted to the defense of both the US and the
Philippines, indisputably a function of the
government.
IV. BOOKS OF SECONDARY AUTHORITY
V. LEGAL RESEARCH
Legal Authority, Defined
-Authority that will aid in finding a solution to a legal problem
LEGALRESEARCH 7 | PLATON
 Reasoning Rule of Law applied
1. Primary and Secondary Legal Authority, Distinguished -Primary
Legal Authorities are authorized statements of law issued by Disposition --
governmental bodies; while Secondary Legal Authorities are
descriptions of, or commentary on, the law
Comments Opinion

-The former is the law itself (Mandatory or Persuasive); while the

latter interprets, analyzes, or compiles the law (Persuasive) Santos vs. CA
240 SCRA 20
Primary Legal Authorities (the court must rely on)
* Constitution and Statutes (Legislative Branch) FACTS: Plaintiff Leouel Santos married defendant Julia Bedia
* Cases (Judicial Branch) on September 20, 1986. On May 18, 1988, Julia left for the U.S.
* Treaties, Executive Orders, Administrative Rules & Regulations, She did not communicate with Leouel and did not return to
Ordinances (Executive Branch) the country. In 1991, Leouel filed with the RTC of Negros
Oriental, a complaint for voiding of the marriage under Article
Secondary Legal Authorities (the court may consider) 36 of the Family Code. The RTC dismissed the complaint and
* Law review Articles, Treatises the CA affirmed the dismissal.
* Restatements of the Law
* Legal Encyclopedias ISSUE: Does the failure of Julia to return home, or at the very
least to communicate with him, for more than five years
2. Mandatory and Persuasive constitute psychological incapacity?
Legal Authority, Distinguished -
Mandatory must be followed because HELD: No, the failure of Julia to return home or to
it is the legal authority for a particular communicate with her husband Leouel for more than five
jurisdiction; while Persuasive may be years does not constitute psychological incapacity.
followed optionally because they are
legal authorities (court decisions) of Psychological incapacity must be characterized by a) gravity,
other b) juridical antecedence, and c) incurability
jurisdictions
Psychological incapacity should refer to no less than a mental
3. Sources of Authorities (not physical) incapacity that causes a party to be truly
*Legislature incognitive of the basic marital covenants that concomitantly
* Supreme Court must be assumed and discharged by the parties to the
* Administrative Bodies marriage which, as so expressed by Article 68 of the Family
* Local Government Units Code, include their mutual obligations to live together,
* President observe love, respect and fidelity and render help and
support.
4. Legal Research Process
The intendment of the law has been to confine the meaning of
VI. FUNDAMENTAL RESEARCH SKILL: CASE BRIEFING AND psychological incapacity to the most serious cases of
personality disorders clearly demonstrative of an utter
SYNTHESIS OF CASES
insensitivity or inability to give meaning and significance to
the marriage. This psychologic condition must exist at the
1. Case Briefing, Defined time the marriage is celebrated.
-A digest or condensation of a case. It is a written summary identifying
the essential components of a court opinion.
Undeniably and understandably, Leouel stands aggrieved,
even desperate, in his present situation. Regrettably, neither
Case Briefing, Elements law nor society itself can always provide all the specific
answers to every individual
Citation -- problem

Parties -- Petition is denied.

Facts Events between the parties 2. Synthesizing Cases

leading to the litigation
Chi Ming Tsoi vs. CA
Prior Proceedings What happened in the lower 266 SCRA 324
courts
FACTS: On May 22, 1988, Gina Lao married Chi Ming
Tsoi. Since their marriage until their separation on
Issue Questions including the rule of
March 15, 1989, there was no sexual contact between
law applied to the facts them. Gina filed a case of annulment of marriage on
the ground of psychological incapacity with the RTC
Ruling/ Holding Resolution of the issue or the of Quezon City. The RTC granted annulment which
courts decision on the question was affirmed by the CA.
that is actually before it

LEGALRESEARCH 8 | PLATON
ISSUE: Is the failure of the husband to have sexual
intercourse with his wife from the time of the
marriage until their separation on March 15, 1989 a
ground for psychological incapacity
HELD: One of the essential marital obligations under
the Family Code is to procreate children based on the
universal principle that procreation of children
through sexual cooperation is the basic end of
marriage.
In the case at bar, the senseless and protracted refusal
of one of the parties to fulfill the above marital
obligation is equivalent to psychological incapacity.
Judgment AFFIRMED.
Republic vs. CA
268 SCRA 198
FACTS: On April 14, 1985, plaintiff Roridel O. Molina
married Reynaldo Molina which union bore a son.
After a year of marriage, Reynaldo showed signs of
immaturity and irresponsibility as a husband and
father as he preferred to spend more time with his
friends, depended on his parents for assistance, and
was never honest with his wife in regard to their
finances resulting in frequent quarrels between them.
The RTC granted Roridels petition for declaration of
nullity of her marriage which was affirmed by the CA.
ISSUE: Do irreconcilable differences and conflicting
personalities constitute psychological incapacity?
HELD: There is no clear showing that the
psychological defect spoken of is an incapacity. It
appears to more of a difficulty, if not outright
refusal or neglect in the performance of some
marital obligations.
Mere showing of irreconcilable differences and
conflicting personalities in no wise constitutes
psychological incapacity. It is not enough to prove that
the parties failed to meet their responsibilities and
duties as married persons; it is essential that they
must be shown to be incapable of doing so, due to
some psychological (not physical) illness.
The evidence merely adduced that Roridel and her
husband could not get along with each other. There
had been no showing of the gravity of the problem,
neither its juridical antecedence nor its incurability.
The following guidelines in interpretation and application of
Article 36 of the Family Code are hereby handed down for the
guidance of the bench and the bar:
(1) Burden of proof belongs to the plaintiff
(2) Root causes of PI must be: medically or clinically
identified; alleged in the complaint; sufficiently proven by
experts; and clearly explained in the
decision
(3) PI must be proven to be existing at the time of the
celebration of the marriage, although manifestation need
not be perceivable at such time
(4) Shown to be medically or clinically permanent
(5) Must be grave enough to bring about the disability of the
party to assume the essential
obligations of marriage
(6) The essential marital obligations must be those
embraced by Arts. 68-71 of the Family Code
(7) Interpretations given by the National Appellate
Matrimonial Tribunal of the Catholic Church in the
Philippines, while not controlling, should be given great
respect by our courts
(8) The trial court must order the fiscal and the Solicitor-
General to appear as counsel for the State. No decision
shall be handed down unless the
Solicitor General issues a certification, which will be quoted
in the decision, briefly stating his reasons for
his agreement or opposition to the petition
Judgment reversed and set aside.
Hernandez vs. CA
320 SCRA 76
FACTS: Lucita Estrella married Mario Hernandez on Januray
1, 1981 and they begot three children. On July 10, 1992, Lucita
filed before the RTC of Tagaytay City, a petition for annulment
of marriage under Article 36 alleging that from the time of
their marriage, Mario failed to perform his obligation to
support the family, devoting most of his time drinking, had
affairs with many women and cohabiting with another
women with whom he had an illegitimate child, and finally
abandoning her and the family.
The RTC dismissed the petition which was affirmed by the CA.
ISSUE: Whether there was psychological incapacity under
Article 36.
HELD: Petitioner failed to establish the fact that at the time
they were married, private respondent was suffering from
psychological defect which in fact deprived him of the ability
to assume the essential duties of marriage and its
concomitant responsibilities. As the Court of Appeals pointed
out, no evidence was presented to show that private
respondent was not cognizant of the basic marital
obligations. It was not sufficiently proved that private
respondent was really incapable of fulfilling his duties due to
some incapacity of a psychological nature, and not merely
physical.
Private respondents alleged habitual alcoholism, sexual
infidelity or perversion, and abandonment do not by
themselves constitute grounds for finding that he is suffering
from a psychological incapacity within the contemplation of
the Family Code. It must be shown that these acts are
manifestations of a disordered personality which make
private respondent completely unable to discharge the
essential obligations of the marital state, and not merely due
to private respondents youth and selfconscious feeling of
being handsome, as the appellate court held.
Judgment affirmed.
Marcos vs. Marcos
LEGALRESEARCH 9 | PLATON
 G.R. No. 136490, October 19, 2000

FACTS: Plaintiff Brenda B. Marcos married Wilson Marcos in

1982 and they had five children. Alleging that the husband
failed to provide material support to the family and have
resorted to physical abuse and abandonment, Brenda filed a
case for the nullity of the marriage for psychological
incapacity. The RTC declared the marriage null and void under
Article 36 which was however reversed by the CA.

ISSUES:
1) Whether personal medical or psychological
examination of the respondent by a physician is a
requirement for a declaration of psychological incapacity
2) Whether the totality of evidence presented in this
case show psychological incapacity.

HELD: Psychological incapacity, as a ground for declaring the

nullity of a marriage, may be established by the totality of the
evidence presented. There is no requirement, however that
the respondent should be examined by a physician or a
psychologist as a conditio sine qua non for such declaration.

Although this Court is sufficiently convinced that respondent

failed to provide material support to the family and may have
resorted to physical abuse and abandonment, the totality of
his acts does not lead to a conclusion of psychological
incapacity on his part. There is absolutely no showing that his
defects were already present at the inception of the
marriage or that they are incurable.

Verily, the behavior of respondent can be attributed to the fact

that he had lost his job and was not gainfully employed for a
period of more than six years. It was during this period that he
became intermittently drunk, failed to give material and moral
support, and even left the family home.

Thus, his alleged psychological illness was traced only to said

period and not to the inception of the marriage. Equally
important, there is no evidence showing that his condition is
incurable, especially now that he is gainfully employed as a
taxi driver.

In sum, this Court cannot declare the dissolution of the

marriage for failure of petitioner to show that the alleged
psychological incapacity is characterized by gravity, juridical
antecedence and incurability (Santos v. CA, 240 SCRA 20); and
for her failure to

LEGALRESEARCH 10 | PLATON
 observe the guidelines as outlined in Republic v. CA and
Molina, 268 SCRA 198

Republic vs. Dagdag

G.R. No. 109975, February 9, 2001 Search Materials and Finding Tools:

FACTS: Plaintiff Erlinda Matias married Avelino 1. Citators

Dagdag in 1975 and they begot children. A week after
the wedding, Avelino would disappear for months.
During the times he was with the family, he indulged
in drinking sprees with friends and would return
home drunk. He would likewise inflict physical
injuries on her. In 1983, Avelino left the family again
and that was the last they heard from him. Erlinda
later learned that Avelino was imprisoned but
escaped from jail.
-They supply references to decisions in which other cases have been
cited, reviewed, affirmed, reversed, overruled, criticized or
commented upon, and to cases in which statutes have been construed,
and to statutes in which prior acts have been amended, renewed or
repealed
-A citator is a finding tool that provides the subsequent history of
reported cases and lists of cases and legislative enactments
construing, applying or affecting statutes

In 1990, Erlinda filed with the RTC of Olongapo City a
petition for nullity of marriage for psychological
incapacity. On December 17, 1990, the date set for
presentation of evidence, only Erlinda and her
counsel appeared. Erlinda testified and presented her
sister-in-law, Virginia Dagdag, as her only witness.
Virginia testified that she is married to the brother of
Avelino. She testified that Erlinda and Avelino always
quarreled, and that Avelino never stayed for long at
the couples house. Thereafter, Erlinda rested her
case. The RTC declared the marriage null and void
under Article 36 of the Family Code which was
affirmed by the CA.
ISSUE: Whether the husband suffers from
psychological incapacity as he is emotionally
immature and irresponsible, a habitual alcoholic and
a fugitive from justice.
HELD: Taking into consideration these guidelins laid
down in the Molina case, it is evident that Erlinda
failed to comply with the required evidentiary
requirements. Erlinda failed to comply with guideline
No. 2 which requires that the root cause of
psychological incapacity must be medically or
clinically identified and sufficiently proven by
experts, since no psychiatrist or medical doctor
testified as to the alleged psychological incapacity of
her husband. Further, the allegation that the husband
is a fugitive from justice was not sufficiently proven.
In fact, the crime for which he was arrested was not
even alleged. The investigating prosecutor was
likewise not given an opportunity to present
controverting evidence since the trial courts decision
was prematurely rendered.
Judgment reversed and set aside.
VII. BASIC LEGAL CITATION
-Shepards Citations published by Shepards McGraw-Hill, lists
virtually every published case by citation, in both official and
unofficial reporters, and then list under its citation every subsequent
case that has cited the case in question. The process of updating a case
through this method is referred to as Shepardizing.
2. Indexes
-The word index usually means a subject-index which is like the
index found in textbooks, statutes, etc. A subject index is an
alphabetically arranged topical words in which, by means of
references under each topic, material relating to these topics
expressed in appropriate words is digested
3. Bibliographies
-A bibliography is a list of descriptions of published materials either
relating to a given subject, or by a given author. A bibliography of law
books may refer to a list of an authors legal words, or of the
literature bearing on a particular subject or field of law
VIII. ELECTRONIC RESEARCH
Philippine Laws Premium Edition
Contents:
1. Subject Index
2. Selected Laws with Annotations
3. Philippine Constitutions
4. Statutes
5. Presidential Issuances
6. Supreme Court Issuances
7. Spanish Era Code
8. Treaties
9. Implementing Rules and Regulations
10. Rules and Procedures
Jurisprudence 1.
G.R. Nos.
2. Cases from 1901-2009 (2010, 2nd Quarter)

1. Purpose of Legal Citation

Description Code
-Reference; Provides the information necessary for the reader to
locate the reference (specific statute, court opinion, law review, Connected words xxx
encyclopedia) allowing the reader to check its content Proximity, in order xxx/10
Proximity, unordered xxx@10
*Guide/ Source: Character replacer wom?n
Bluebook (Harvard Law Review Association); and Synonyms $
ALWD Related root word extender %

Supra same as above

IX. LEGAL BIBLIOGRAPHY
Id, Idem same page cited in the case

LEGALRESEARCH 11 | PLATON
X. SPECIAL TOPICS 3. Supplement or evaluate it

Legal Research - applying the law in the given set of facts B. Topic Method

FACTS EVIDENCE LAW Read also: Manual of Supreme Court on Legal Writing, Judicial
Writing by Dr. Ng (page 156-166) re: Citing Constitutions, Statutes,
Administrative Orders, and Foreign Materials

The duty of the legal researcher arises on the third instance where
you have both the facts and the evidences but not the law

Cases
-Published reports of dispute which have come before the court
including the reason for the decision and the decision itself

-Published reports found in the Official Gazette, Philippine Reports, BASIC LEGAL CITATION by Dr. Ng Po
SCRA, SCANT, etc
I. Introduction
Case Brief
-Written summary of the abstract of the case, in your own words Legal research is the search for authority that can be applied to a given
set of facts and issues. Legal research and analysis involve
determining how the law applies to the facts of the case, which in turn
Case Brief, Elements
requires knowledge of what the law is, how to find it, and the
1. Facts
general principles that govern its application (Putman, 2004)
-Contains the parties involved, date of the case, controversies, cause
of action (arises from the act of another violating the right of
Legal citation is the style of crediting and referencing other
someone, the latter having the cause of action)
documents or sources of authority in legal writing (Wikipedia)
2. Issues
Manual of Judicial Writing: Substance and form are the basic
-Problem, sub-issues
elements of all human creation. One without the other would be
useless. The purpose of the Manual is to provide a standardized form
3. Arguments
for the substance of Supreme Court decisions and resolutions. The
-Parties, court, discussion of pros and cons aim is to provide tools for clarity while leaving plenty of room for
-Formulation through general proposition from considering facts individual style and preference
(inductive reasoning)
II. Purpose of Legal Citation
4. Decision
-Application of the law According to former Chief Justice Hilario Davide (2005), words are
the lifeblood of judicial decision or of any other form of writing. When
Obiter Dicta (not binding) the right words are used, they serve as gems that give luster to a
-Proposition or statement not pertinent in deciding the issues in the message or idea. On the other hand, gobbledygook, legal jargon,
case or archaic language is likely to take away the vigor of a message

Holding A language without idiom is like a man who cannot smile

-Propositions actually relied on the decision
Legal citation is a standard language that allows one writer to refer to
Citation, Elements legal authorities with sufficient precision and generality that other
1. Name of the case can follow the references
2. Volume #
3. Page # Legal citation strives to:
4. Date decided 1. Identify the document and document part to which the
writer is referring,
Example: People vs. Boncayao, 234 SCRA 567 (2010)
2. Provide the reader with sufficient information to find the
Methods document or document part in the sources the reader has available
(which may or may not be the same sources as those used by the
A. Living Law Approach writer), and

1. Law Finder 3. Furnish important additional information about the

-Index, dictionaries, etc referenced material and its connection to the writers argument to
assist
2. Go to the law readers in deciding whether or not to pursue the reference
-If not the law you are looking for, cross-reference to get the law that
applies appropriately The task of legal citation in short is to provide sufficient information
to the reader of a brief or memorandum to aid a decision about which

LEGALRESEARCH 12 | PLATON
authorities to check as well as in what order to consult them and to
permit efficient and precise retrieval -- all of that, without consuming
any more space or creating any more distraction than is absolutely
necessary (Adapted from Cornell
Library 2005, with permission)
III. Types of Citation Principles
1. Full Address Principles: Principles that specify
completeness of the address or identification of a cited document or
document
portion in terms that will allow the reader to retrieve it
2. Other Minimum Content Principles: Principles that call for
the inclusion of additional information items beyond a retrieval
address -- the full name of the author of a journal article, the year a
decision
was rendered or a statutory codification last updated
3. Compacting Principles: Principles that reduce the space
taken up by the information items included in a citation. These
include standard abbreviations (Supreme Court becomes S.C.)
and
principles that eliminate redundancy
4. Format Principles: Principles that punctuation,
typography, order of items within a citation, and the like.
IV. How to cite Constitutions
1. Constitutional Text
CONSTITUTION, Art. VI, Sec. 2
CONSTITUTION, (1935), Art. III, Sec. 1, par. (3)
*When the Constitution is no longer in force, enclose the year when it
took effect in parentheses
2. Constitutional Proceedings: cite the volume in roman numeral,
followed by the word RECORD/JOURNAL, CONSTITUTIONAL
COMMISSION, the page number, and the date of deliberation in
parentheses
II RECORD, CONSTITUTIONAL COMMISSION 24 (June 24, 1986)
V. How to cite Statutes, and Similar Materials
1. Session Laws: cite the law, followed by the year of
effectivity in parentheses, and the specific article or section
Republic Act No. 4723 (1966), Sec. 2
2. Codes: cite the name of the particular code and specific
article or section (if numbered continuously; or the headings, from
general to specific, followed by the article or section (if not numbered
continuously)
CIVIL CODE, Art. 297
CIVIL CODE (1889), Art. 67
ADMINISTRATIVE CODE, Book IV, Title 1, Chapter 9, Sec. 29
*When the code is no longer in force, enclose the year of effectivity in
parentheses after the name of the code
3. Legislative Proceedings: cite the volume in roman numeral,
followed by the word RECORD/JOURNAL, HOUSE/ SENATE, the
specific Congress, the session number, the page number, and the
date of deliberation in parentheses
II RECORD, HOUSE 6TH CONGRESS 1ST SESSION 24 (June 24, 1966)
VI. How to cite Administrative Materials and Regulations
1. Treaties: name of the treaty or agreement, the date of signing, the
parties, the subdivisions referred to (if applicable), and the source
Treaty of Friendship with India, July 11, 1952 (1953), II-2
2. Executive and Administrative Issuances:
A. issuance followed by the year of effectivity in parentheses, and
the specific article or section
Executive Order No. 329 (1972)
B. Presidential Acts under Martial Law
General Order No. 39 (1972)
C. Other Executive Issuances
Secretary of Justice Opinion No. 271, s. 1982
D. Cite Rules and Regulations: abbreviated name of the agency
together with the designation employed in the rules, serial
number,
year of promulgation in parentheses, and the section or paragraph
Labor Employment Service Regulation No. 3 (1966)
E. Cite provincial, city, and municipal ordinances: name of the local
government unit, serial number of ordinance, and date of adoption
Manila Ordinance 6120, January 26, 1967
VII. How to cite Court Decisions
1. Decisions and Resolutions
A. Case Title: surname of the opposing parties first mentioned
B. Exceptions
-cite Islamic and Chinese names in full
Lim Sian Tek v. Ladislao (Not Lim v. Ladislao)
-cite compound names in full
People v. De Guzman (Not People v. Guzman)
-cite names of corporations, associations, business firms and
partnerships in full. Words forming part of such names may be
abbreviated, except the first word
Mata v. Rita Legarda, Inc.
-cite cases involving the Government of the Philippines and criminal
cases as follows:
U.S. v. Jaranilla
Government v. Abadinas
Republic v. Carpin
People v. Santos
-cite cases involving public officers as follows:
Gonzales v. Hechanova (Not Gonzales v. Executive Secretary)
LEGALRESEARCH 13 | PLATON
 constitutions
-cite local government units by their level, followed by their official
name Concepcion v. Paredes, 42 Phil. 599, 607 (1921)
Concepcion v. Paredes, supra
Province of Rizal v. RTC Concepcion v. Paredes, supra at 601
Concepcion v. Paredes, supra note 1, at 601
-cite case names beginning with procedural terms like In re. as they
appear in the decisions. Use In re instead of In the matter of 2. Id - when citing the immediately preceding footnote that
has only one authority
In re Elpidio Z. Magsaysay
1 Concepcion v. Paredes, 42 Phil. 599, 607 (1921)
2 Id.
-in consolidated cases, cite only the first case 3 Id. at 601

In Mabuhay Textile Mills Corp v. Minister Ongpin, the court held that xxx
1
3. Introductory Signals
___________________
1 225 Phil. 383 (1986) A. Signals that indicate support

C. Case Reports See Cited authority directly states or clearly

supports the proposition
Concepcion v. Paredes, 42 Phil. 599, 607 (1921) See also Cited authority constitutes additional
People v. Suzuki, G.R. No. 120670, October 23, 2003, 414 SCRA 43
source material that supports the
proposition
*In multiple cases, start with the latest to the earliest
Cf. Means compare; cited authority supports
2. Rules of Court a proposition different from the main
proposition but sufficiently analogous to
RULES OF COURT, Rule 130, Sec. 2, par. (b) lend support

3. ROLLO & Other Court Records B. Signal that suggests a useful comparison

A. Rollo. Capitalize the word rollo only at the beginning of a Compare x x x [and] x x x with x x x [and] x x x
citation or a sentence
C. Signals that indicate contradiction
Rollo, p. 21
CA rollo, pp. 109-122
Sandiganbayan rollo, p. 9
But see Cited authority directly states or clearly
CTA rollo, p. 10 supports a proposition contray to the
-If there are two or more volumes: main proposition
But cf. cited authority supports a proposition
Rollo, Vol. 3, p. 21 analogous to the contrary of the main
proposition
-In consolidated cases:
But should be omitted from But cf. whenever it
follows But see
Rollo (G.R. No. 123456), p. 21

-In consolidated cases:

D. Signal that indicates background material
B. Records:
See generally Cited authority presents helpful
Records, pp. 210-214 background material related to the
MTC records, p. 123 proposition

C. References to TSN (transcript of stenographic notes) E. Order of Signals

TSN, January 30, 2003, pp. 21-22

D. Exhibits: quotation marks, followed by the source (e.g, rollo or

records)

Exhibit .A,. p. 21

VIII. How to cite Foreign Materials

IX. Repeating Citations

1. Supra - to identify a material previously cited on the same

or preceding page. It should not be used to refer to statutes or

LEGALRESEARCH 14 | PLATON