PART 1: STYLE - RULES 1-5 Flashcards
When is small caps used?
Articles and headings;
Book titles in text;
Book authors in footnotes;
Book titles in footnotes;
Journal/ periodic titles in footnotes;
Constitution in footnotes;
Codes in footnotes;
Records/ journals of constitutional commissions in footnotes;
Rules of court in footnotes
(Rule 1.2.)
Typeface for: Articles and headings;
Small caps and bold
Typeface for: Book titles in text
Small caps
Typeface for: Book authors in footnotes;
Small caps
Typeface for: Journal/periodic titles in footnotes;
Small caps
Typeface for: Constitution in footnotes
Small caps
Typeface for: Records/ journals of constitutional commissions in footnotes
Small caps
Typeface for: Rules of court in footnotes
Small caps
When shall italics be used?
Bylines;
Opening quotes;
In-text emphases;
Citing titles of articles or cases in text;
Short form of case titles in footnotes;
Short form of book titles in text. (Rule 1.2.)
Typeface for: bylines
italics
Typeface for: opening quotes
italics
Typeface for: in-text emphases
italics
Typeface for: short form of case titles in footnotes
italics
Typeface for: short form of book titles in text
italics
When is bold typeface used?
Article titles and headings;
Article subheadings
Typeface for article headings
bold and small caps
Typeface for article subheadings
bold
When is a paper to be denominated as an “Article” or “Essay”?
Only when the author is already a lawyer; or
if they are deemed an expert in their field (e.g. with a masters or doctorate degree) which is also the topic of the paper (Rule1-A.1.).
What do we call papers submitted by students?
“Note.”
When the author is a student or an underbar at the time of submission of the paper, the same shall always be classified as a “Note” (Rule1-A.1.).
When a paper has multiple authors where one of them is a lawyer, how shall the paper be called?
“Article”
In cases of multiple authors, the papers will still be referred to as an “Article” as long as at least one of the authors falls under the classifications under Rule 1-A.1. (Rule 1-A.1.1.)
As long as one. of the authors is a lawyer or an expert at the time of submission
Differentiate “Article” from “Essay”
A paper shall be denominated as an “Article” when it devotes substantial space to situating itself within existing research, and often frames its arguments as comprehensive analyses of a given subject. An “Article” tends to be more formal in its tone and its obligation to ground arguments in comprehensive substantive support via consistent citation.
An “Essay,” on the other hand, while still grounded in legal scholarship, tends to differ in that it enjoys more structural, stylistic, and substantive flexibility; an author of an “Essay” has the leeway to experiment with writing style and tone. (Rule 1-A.2.)
What is the rule when the author refers to the paper itself in his paper?
capitalize the first letter
When the author is referring to the paper itself, always capitalize the first letter (e.g. Article, Note, or Essay). (Rule 1-A.3.)
Must the word “author” be capitalized when the author refers to himself in his paper?
No.
If the author is referring to themselves, there is no need to capitalize the first letter of “author.” (Rule 1-A.3.)
What is the general rule regarding the use of the author’s middle initial?
Omit the middle initial unless an author is popularly known by it.
In general, cite an author’s name as the source lists it, but omit the middle initial unless an author is popularly known by it. (Rule 2.1.)
What is the rule when there are two authors?
When there are two authors, cite them using an ampersand (&). (Rule 2.2.)
Example: Mark Dennis Joven & William Varias
Note: no comma is needed when there are only two authors.
When there are more than two authors, how should we cite?
Either:
(1) cite the name of the first author and add “et al.” OR (2) list all the author’s names.
When there are more than two authors, either cite the name of the first author and add “et al.” or list all the author’s names. When there is a need to save space, the former is more preferred. Include all author’s names when doing so is particularly relevant. When listing all the names, separate the names with commas, but use an ampersand to set off the last name. Note the period in “et al.”; a comma does not precede this phrase. (Rule 2.3.)
When do we use “et al.”?
Et al. is used when there are more than two authors and there is a need to save space.
When using et al., it must be important to note the location of the period – “et al.” and that a comma does not precede the phrase. (Rule 2.3.)
How do you cite proper nouns (juridical persons, businesses, government agencies, and organizations)?
For proper nouns (e.g juridical persons, businesses, government agencies, and organizations), use the full name, but apply the abbreviations below in the body text. However, in the body text, never abbreviate the first word of a name. Note that the Journal has specific rules for proper nouns in the citation of case titles (See Rule 11). Note further that the Journal abbreviates all words appearing in Table 1 when they appear in footnoted case names. The word “Philippine” and “Philippines” are abbreviated to “Phil.” when they appear in footnoted case names. (Rule 2.4.)
What is the rule when mentioning the name of a cited author in the body of text?
State full name in the first instance, then proceed to using the last name in subsequent mentions. Recommended to use position as well when relevant.
When an author of any of the materials cited in the paper is mentioned in the body, state the full name in the first instance then proceed to using the last name for subsequent mentions. It is recommended that the position or title of the cited author be used as well (e.g. professor, senator, etc.), but only if relevant to the purpose of the citation. (Rule 2.5.)
Do we abbreviate the name of the month?
Only when it is used in the footnote but not when it is used in the body text.
Use (month) (day), (year) format. Do not abbreviate the name of month in the body text. However, for footnotes, abbreviate the names of months to the first three letters only, except for “June,” “July,” and “Sept.” Refer to Table 2. (Rule 3.1.)
Example in body: March 1, 2012
Example in footnotes: Mar. 1, 2012
What is the format for writing dates?
Use (Month) (day), (year) format (Rule 3.1.)
Where do we place dates in citations?
Dates are usually placed at the end of a citation in parentheses and often shortened to the year only. They are not enclosed in parentheses when necessary to identify a source, as in letters, emails, unofficial or unpublished decisions, and treaties. (Rule 3.2.)
Note: SCRA is an unofficial reporter, hence, the dates are necessary to identify the source and not enclosed in parenthesis. PRA, however, is the official case reporter. Hence, it is enclosed in parenthesis, and often reduced to the year only.
What is Rule 4?
Rule 4. Quotations, Corrections, Omissions, and Emphases
What is the rule for quotations less than 50 words?
Double quotation marks (“”); should not be blocked or set off from the rest of the text (xpn: poems or dialogues); quoted portions within quotation use single quotation marks (‘’); footnote immediately after double quotation marks unless placing elsewhere would be more accurate
For quotations of less than 50 words: 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 quoted in itself, only one set of double quotation marks should be used. The footnote number should also follow immediately after the closing double quotation marks, unless placing it elsewhere is more accurate. (Rule 4.1.1)
What is the rule for quotations of at least 50 words?
The quotation should be blocked— indented on the LR; single-spaced; and without double quotation marks.
punctuations marks and quotations marks within the block quote should appear as they do in the original.
Footnote citation number should follow immediately after the final punctuation of the quotation.
Generally, the font size for the blocked quotation should be one unit less than that for the body text. (Rule 4.1.2)
What is the rule for a block quote consisting of multiple paragraphs?
In a block quote consisting of several paragraphs, indicate the paragraph structure by indenting the first line of each paragraph.
However, it is not necessary to indent the first line of a quoted paragraph if it is not the first line of the paragraph being quoted.
Remember that this rule only applies in block quotes consisting of several paragraphs. If the block quote consisting of only a single paragraph, there is no need to indent the first line thereof. (Rule 4.1.3.)
Where should you place commas and periods when using quotations?
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 4.1.4)
Note: these could apply to semicolons, exclamation points, colons, question mark.
I think an example could be: How can we be sure that Juan actually said “The quick brown fox jumps over the lazy dog”?
When do we enclose letters, words, case of a letter, and other marks in brackets?
When we change or insert them in a quotation.
A change in the case of a letter, inserted words, letters, and other marks should be enclosed in brackets. (Rule 4.2.1)
E.g. According to the Court, “[T]he [unwarranted] decision of the unemployment commission ‘forces her to choose between following the precepts of her religion and forfeiting benefits, on the one hand, and abandoning one of the precepts of her religion in order to accept work, on the other hand.’”
Note that this example ends with single and double quotation marks, applying the rule in quotations of less than 50 words that quoted portions in a quotation should be encosed with single quotation marks.
When do we enclose footnote number in brackets?
When adding footnotes to a quote, enclose the footnote number found in the body in brackets. (Rule 4.2.2)
When do we use [sic]?
Substantial mistakes in the original should be followed by “[sic]” but otherwise left as they appear in the original. (Rule 4.2.3)
E.g.
According to the Court: “The un-warranted [sic] decision was uncalled for.”
NB: There is a space between the word and “[sic]”
How do we indicated omitted letters or punctuations in a quotation?
**Omitted letters or punctuations **must be indicated with empty brackets []. However, do not omit letters or punctuations resulting from grammatical errors. In such cases, apply the immediately preceding Rule [Rule 4.2.2., use of “[sic]”]. For omitted words, follow the immediately succeeding Rule [Rule 4.3.2 use of ellipsis “[…]”].(Rule 4.3.1.)
What is the rule in case of omission of a word or words?
**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 and the three consecutive therein must be separated by nonbreaking spaces. An ellipsis is never used when individual words are merely altered, in which case the applicable rule is Rule 4.2.1 [enclosing the alteration in brackets] above. (Rule 4.3.2.)
What is the rule when we omit words at the start of a quotation?
Use Rule 4.2.1. where the alteration of the case of the letter is enclosed in a bracket.
A quotation should never begin with an ellipsis. In lieu of an ellipsis, Rule 4.2.1. applies.
Example:
According to the Court: “[T]he decisions was uncalled for.”
NOT
According to the Court: “[…] the decision was uncalled for.”
What is the rule for omissions in block quotes?
In block quotes, when the omission consists of one or more paragraphs, use three asterisks, center-aligned and separated by single spaces, not superscripted, to indicate the omission. (Rule 4.3.4)
Is a sign required when we end a quotation in the middle of a paragraph?
No
No sign is necessary if the portion quoted ends in the middle of a paragraph. (Rule 4.3.5.)
What is the method of emphasizing texts in a quote?
Italics
For consistency, use italics to emphasize parts of a quoted text. Never underline. As far as practicable, all other methods of emphasis in a quoted text (e.g., bold lettering, underline, etc.) must be converted into italics. (Rule 4.4.1.)
Where do we insert parentheticals such as “emphasis supplied,” “emphasis omitted,” or “emphasis in the original?”
We insert them in the footnote.
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 (e.g. “Emphasis supplied.”). Enclose everything in parenthesis. (Rule 4.4.2)
Example
According to the Court: “[T]he decision was uncalled form.”[1]
Note that there is no period after the close parenthesis.
- Id. (Emphasis supplied.)
Spot the error:
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.)
Error: Parantheticals were included directly after the quote. It should be placed in a footnote. Hence, there should be a footnote referring to note 22:
- Id. (Emphasis supplied, citations omitted.)
What are the covered under Rule 5. Othe Rules?
Rule 5. Other Rules
* Capitalization (Rule 5.1.)
* Italicization (Rule 5.2.)
* Abbreviations & Acronyms (Rule 5.3.)
* Numbers & Numberals (Rule 5.4.)
* Special Rules on Spacing (Rule 5.5.)
* Case Names In-Text (Rule 5.6.)
What is the capitalization rule for titles?
Use of Title Case: 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. (Rule 5.1.1.)
Example
Time is Up: Assessing the Life Tenure System in the Amrican 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
“An” is a preposition but it is capitalized since it comes after a colon
What are the rules on capitalization on nouns?
Nouns pertaining to a specific person and entity must always be capitalized, but not when they are used in a common or generic sense. (Rule 5.1.2.)
Example
The President of the Commission agreed to the proposal.
The presidents publicly assented to the proposal.
What is the capitalization rule for laws and courts?
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 the regional trial courts do not have stare decisis effects.
Note: See that the word “Brown” is italicized because it is a case name. “Stare decisis” is also italicized because it is a latin term. The noun “regional trial courts” have not been capitalized since it does not refer to a specific court; hence, it is not a proper noun.
What is the rule of style when using non-English phrases or words?
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. Filipino words, such as those quoted in case transcripts, shall always be italicized. (Rule 5.2.1.)
Example
Reclusion perpetua
Alevosia
Compania Maritima
Ex turpi causa non oritur actio.
But
Mandamus
Radio Veritas
However
Ignorantia legis non excusat.
In re Shoop
When do we italicize the lower case letter “l”?
The lowercase letter “l” should be italicized when used as a subdivision to distinguish it from the numeral “1.” (Rule 5.2.2.)
Example
Rep. Act No. 8042 (1995), § 6(l), amended by Rep. Act No. 10022 (2010).
Do we italicize case names in-text?
Yes.
Case names, when used in-text, should be italicized even when using the abbreviated case name. (Rule 5.2.3.)
Note: rule applies when case name is in-text. Does not apply when FN.
Are we allowed to use bold lettering or underlining when emphasizing words or phrases in a text?
No.
When emphasizing words, use italics and not any other method of emphasis (e.g., bold lettering, underlineing). By way of exception, if the author makes use of the other methods to provide for a hierarchy in emphasis, the use of the other methods of emphasis may be used, subject to the approval of the Board. (Rule 5.2.4.)
Note: other methods of emphasized allowed only when providing for a hierarchy in emphasis.
How do we write the name of juridical entity whose name is long?
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. (Rule 5.3.1.)
Example
The contracting-out of work was recently regulated in a memoranum issued by the Department of Labor and Employment (DOLE). In the issuance, the DOLE…
How do we write abbreviations?
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 US Supreme Court
National Labor Relations Commission (NLRC)
But
1 C.A. Rep. 23
However
50 SCRA 23
When do we enclose abbreviations in quotation marks? (“ABBV”)
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. For a list of abbreviations of Philippine government agencies, refer to Table 7. (Rule 5.3.3.)
Example
Department of Labor and Employment (DOLE)
But
University of the Philippines College of Law (“UP Law”)
What is the rule for long names of other nouns which are not juridical entities?
In case of any other long name, add a parenthetical containing an abbreviation after the name, and then use the shortened name thereafter. The abbreviaiton must be enclosed in quotation marks, even for documents commonly and officially known. for their abbreviations. (Rule 5.3.4.)
Example
United Nations Convention on the Law of the Sea (“UNCLOS”)
The treaty is commonly known as UNCLOS but still we need to enclose it
What is the rule when using abbreviations?
We must introduce the abbrevation at least once in the abstract, body text, and footnotes– but only if we will use it therein. Thus, no need to introduce the abbreviation in the abstract if it is not necessary.
For the two preceding rules (Rule 5.3.3 and 5.3.4), the abbeviation must be introduced at least once each in the abstract, body text, and the footnotes if it will be used therein. This is due to the assumption that one may choose to read an article without going through the footnotes. (Rule 5.3.5.)
Countries that are commonly identified by their acronyms (e.g., the United States and United Kingdom) may be abbreviated when used as an adjective without having to first use the full name. For all other uses, Rules 5.3.1 and 5.3.2 apply. (Rule 5.3.6.)
Example
The UK law would allow same-sex couples…
The People’s Republic of China (PRC) treated the said law as an act of aggression…
5.3.1 - long name of juridical entity; 5.3.2. - abv not punc by period
Are there latin abbreviations that we do not italicize?
Yes
The abbreviations “i.e.” and “e.g.” are not italicized; both should be followed by a comma. (Rule 5.3.8.)
As a general rule, do we italicize and abbreviate the titles of judges or justices?
No. We italicize and abbreviate them only when they are used in a parenthetical reference or a footnote.
When used in a parenthetical reference, titles of judges and justices are abbreviated and italicized. Otherwise, their full titles are spelled out. (Rule 5.3.9)
Example
Justice Carpio-Morales, writing for the Court in Francisco…
“It takes the risk of reeking of an objectionalbe 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.
Note: her family name is not italicized in the FN, just the title
When do we spell out numbers and when do we write their numeral form?
Generally, the numbers less than 10 are spelled out, but when the first word of any setntence begins with a number, the number must be spelled out. This rule is likewise applicable to ordinal numbers. (Rule 5.4.1.)
Example
Twenty-three petitioners similarly went to the Supreme Court.
Eighteenth century literature was characterized by the spirit of realism.
But
The Supreme Court received petitions from 23 other parties.
The literature of the 18th century was characterized by the spirit of realism.
Regardless of the number (n>10; or n < 10), when do we write the number in numeral form?
When a number is a negative integer, or when it has a decimal, numerals must be used. (Rule 5.4.2.)
Example
The temperature was -2 degrees Fahrenheit.
He lost 8.5 pounds.
For consistency, when a series includes numbers both less than 10 and greater than or equal to 10, numerals must be used. (Rule 4.3.)
Example
The accused minors were aged 9, 12, and 15.
How do we write numbers of thousands and more?
Numerals with four or more digits must use commas to separate every thousandth decimal place. Note that numerals are written without interrupting spaces. (Rule 5.4.4.)
Example
1,234,567
What is the rule on succeeding numbers?
For succeeding numbers, spell out the first. (Rule 5.4.5.)
Example
Fifty-five 100-meter dash runners
Note that in this case, the 100 in 100-meter dash is used as a noun.
What is the rule on currencies? When do we write it using ISO 4217 three-figure currency code, and when do we spell it out?
For exact currency amounts, begin with proper ISO 4217 three-figure currency code followed by the amount using numerals. However, for estimates or large numbers (millions and above), append the currency, spelled out, at the end of the estimate.
Example
GBP 10,550
PHP 10,550
USD 10,550
But
1 million dollars
5 billion pesos
When do we superscript the abbreviations for ordinal numbers written in numeral forms?
When ordinal numbers are not spelled out, do not superscript the abbreviations (e.g., -st, -nd, -rd, -th), except when they appear in the footnotes. (Rule 5.4.7.)
What is the rule of style of an en dash, em dash, and hyphen? When do we use them?
An en dash is preceded and followed by a space, except when used in footnotes, 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 an informal separator of a parenthetical reference;
and a hyphen (-) connect compound words. (Rule 5.5.1.)
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.
NB: REV. PEN. CODE should be small caps; no need to write “1” in 126-27.
What. isthe rule of style when writing % signs?
The percent sign (%) immediately follows the numbers to which they pertain.
Example
97%
Note: no space between “97” and “%.”
How do we use abbeviated case names? And when do we use the parenthetical “hereinafter”?
We cite full case name first, then abbreviated case name thereafter. The parenthetical “hereinafter” is only written in the footnotes.
After using the complete case name once, the abbreviated case name may be used without the need of using a parenthetical with “hereinafter” like in footnotes.
The abbreviated case name is commonly the first party name, unless the second more clearly identifies the case. Both the complete case name and the abbreviated case name should be italicized when used in the body. (Rule 5.6.1.)
Example
In Mendoza v. COMELEC,[7] Leonardo Roman was elected as governor of Bataan and served in full the term of 1988 – 1992.
In Mendoza, the justices were divided.
Footnote:
7 [Hereinafter “Mendoza”], G.R. No. 149736, Dec. 17, 2002.
NB: range of year applied en dash;
