PART 2-B: CITATION - RULES 11-14 Flashcards
What is the rule when citing cases reported in the Philippine Reports (Phil.)?
Rule 11.1.1. When the case is reported in the Philippine Reports (Phil.), use this form:
< last name of first party > v. < last name of first opposing party >, < reporter volume > < report abbreviation > < first page of decision in reporter >,< specific page number in report > (< year of promulgation >).
Example
Reganit v. Ortaleza, 123 Phil. 456, 458 (2010).
What is the citation format when citing cases reported in the Supreme Court Reports Annotated (SCRA)?
Rule 11.1.2. When the case is reported in the Supreme Court Reports Annotated (SCRA), use this form:
< last name of first party > v. < last name of first opposing party >, < docket number >, < reporter volume> < reporter abbreviation > < first page of decision in reporter >, < specific page number in reporter >, < month, day, year of promulgation >.
Example
Chavez v. Guardaya, G.R. No. 123456, 321 SCRA 654, 656, Jan. 10, 2011.
How do we cite case names with public parties?
Rule 11.1.3. Use the abbreviations or acronyms by which public parties are commonly known (e.g., “People of the Philippines” is abbreviated to “People,” “Republic of the Philippines” is shortened to “Republic,”). For abbreviations of decisions written in Spanish, use the English equivalent (e.g. “People,” not “Pueblo,” for “El Pueblo de Filipinas”). Following international practice, “United States” is not to be abbreviated into “US” when used in court decisions.
Example
United States v. Arceo, 3 Phil. 381, 384 (1904).
Chi Ming Toi v. Ct. of Appeals, G.R. No. 119190, 266 SCRA 324, 327, Jan. 16, 1997.
When natural persons are parties to a case that is being cited, what is the rule when writing the names of the parties?
Rule 11.1.4. For natural persons, use last names only and omit titles, prefixes, and suffixes in party names. However, when the name is Islamic, entirely in Mandarin, or in another language where names begin with the last name, cite the name in full.
Example
Dela Cruz v. Nat’l Lab. Rel. Comm’n
Lim Sian Tek v. Ladislao
United States v. Ah Chong
Chi Ming Tsoi v. Ct. of Appeals
Madula v. Santos
Not
Dela Cruz, Jr. v. Nat’l Lab. Rel. Comm’n
Tek v. Ladislao
United States v. Chong
Tsoi v. CA
Madula v. Judge Santos
Lim Sian Tek; Ah Chong - party name in another language
When the natural person who is a party to a case bears a westernized Asian name, what is the rule?
Rule 11.1.5. As to Western or modern Asian names, the general rule in Rule 11.1.1 should be followed.
Example
Wong v. Carpio
Chua v. Timan
Not
Ignacio Wong v. Carpio
Salvador Chua v. Timan
What is the rule when citing cases where the parties who are natural persons bear compound last names?
Rule 11.1.6. Cite compound names in full.
Example
People v. Dela Cruz
Cortes v. Chico-Nazario
Not
People v. Cruz
Cortes v. Chico
Are we allowed to use et al. when there are multiple parties in a case?
No.
Rule 11.1.7. When there are multiple co-parties, refer only to the first on each side. Do not use “et al.”
Example
Oposa v. Factoran, G.R. No. 101083, 224 SCRA 792, July 30, 1993.
Not
Oposa et al. v. Factoran et al., G.R. no. 101083, 224 SCRA 792, July 30, 1993.
How do we cite a consolidated Supreme Court case?
Rule 11.1.8. If two or more actions are consolidated in one decision, cite ony the case title of the first listed. The same goes for the docket number: only that of the first case is used.
Example
Estrada v. Desierto, G.R. No. 146710, 356 SCRA 108, 155–56, Mar. 2, 2001.
Not
Estrada v. Disierto, G.R. No. 146710–15, 356 SCRA 108, 155–56, Mar. 2, 2001.
How do write the names of private juridical persons and tribunals or bodies who are parties to a case?
Rule 11.1.9. For private juridical persons and tribunals or bodies as parties, cite the name in full, but apply common abbreviations whenever applicable. Spell out acronyms, unless they form part of the actual name. Do not omit suffixes that indicate a corporation such as “Inc.” and “Corp.” Do not omit first names or middle initials when a person’s name is used as part of a juridical person’s name.
How do we cite labor organizations where they are parties to a case?
Rule 11.1.10. For labor organizations, only the names of the independent unions, local chapters, and affiliates need to be spelled out. The names of federations or labor centers may be abbreviated using their widely accepted initialisms. Separate the name of the affiliate or local chapter from the federation using an en dash.
How do we cite local government units and particular government entities?
Rule 11.1.11. For local government units, indicate the type of unit using prefixes such as “Province of”, “City of”, or “Municipality of”. When particular government entities are named, use the complete name, but apply common abbreviations.
How do we cite cases that begin with procedural terms?
Rule 11.1.12. For cases that begin with procedural terms, use the italicized prefix “In re” and the last name of the person concerned or the subject of the decision.
How do we cite administrative cases which begin with “Re:”?
Rule 11.1.13. Administrative case beginning with “Re:” should be rendered In re < first subject matter >. Omit other subject matters of the case after the first. Indicate the relevant court branches and omit geographical references.
When is Philippine Reports used as citation as opposed to Supreme Court Reports Annotated?
Rule 11.1.14. Old Philippine Supreme Court cases are commonly reported in the Philippine Reports (Phil.), and more recent ones are found in the Supreme Court Reports Annotated (SCRA). In case an author uses the Philippine Reports for relatively recent Court decisions, it is recommended that the same be replaced with its equivalent in the Supreme Court Reports Annotated. If necessary, one may also refer to the Official Gazette (O.G.).
When is it permissible to omit the specific page reference in a case citation?
Rule 11.1.15. When the case is being cited in general and no particular page is referred to, omit the reference to a specific page. If, however, the first page is referred to, do not omit the reference.
What. isthe rule when the case name first appears in the body text?
Rule 11.1.16. The convention is to footnote the first instance of a case name with a general citation to the case, then footnote succeeding points with specific references. (Note that case names are italicized in text, but not in citations.)
How do we cite a case when the reporter information is unavailable?
Rule 11.1.17. When the reporter citation is unavailable, omit it and rely on the docket number and full date. This is used for very recent and still unpublished decisions.
How de we cite a case that has just been released. bythe Supreme Court in their website and has not yet been printed in SCRA or any reporter?
Rule 11.1.18. When referring to copies of decisions initially released by the Court instead of copies printed in reporters, use “at” after the date to refer to specific pages. Add a description of the source the first time it is cited. Note that this has now become useful for very recent cases that are directly upload to the Supreme Court Website.
How do we cite a separate opinion?
Rule 11.1.19. When referring to a separate opinion, add “(< name >, J., < description >)” or “(< name >, C.J., < description >)” to the end of the citation. Cite the first page of the decision and not the first page of the separate opinion as the first page. Note that the “J.” is italicized. This notation may also be used to emphasize the ponente in a majority decision.
How do we cite a case that is reported as ex parte?
Rule 11.1.20. If the case is reported as ex parte < first name of party >< last name of party >, omit the first name. “Ex parte” is italicized.
How do we cite a cae which uses the phrases “on the relation of”, “on behalf of”, etc.?
Rule 11.1.21. Abbreviate “on the relation of”, “for the use of”, “on behalf of”, “as next friend of”, and similar expressions to “ex rel.” Use the form < related > ex rel. < real party in interest >. “Ex rel.” is italicized.
How do we cite a special proceedings case where hte case contains both an adversary (party v. party) and. anon-adversary name (In re: party)?
Rule 11.1.22. In special proceedings where the case contains both an adversary (i.e., < party > v. < party >) and a non-adversary name (i.e., In re < party >), cite the adversary’s name first, followed by the non-adversary’s name in parentheses. Use the appropriate procedural phrase in Rules 11.1.20 – 21 for the non-adversary’s name.
Do we need to repeat the case name in the footnote when the case name is already mentioned in-text?
Rule 11.1.23. If the case name is mentioned in-text, there is no need to repeat the case name in the footnote citation.
How do we cite other philipine cases and administrative decision rendered by other courts, administrative agencies, tribunals, or bodies?
Rule 11.2.1. Cite other Philippine cases and administrative decisions by using the form
< case title >, < full docket number > (< court or body rendering the decision > < date of promulgation >).
Reproduce the full docket number and notation used and apply the rules on case titles as in Rule 11.1. For trial courts, indicate the branch and area after the name of the court.
Rule 11.2.2. Except for the commonly-used abbreviations of judicial and quasi-judicial bodies in Table 9, spell out the deciding body’s name.
How do we cite cases that repeat within two footnotes?
Rule 11.3.1. “Id.” may be used with cases, but never “supra.” Use “Id.” Only when the repeated citation is within two footnotes. Observe this rule whenever possible to avoid lengthy citations.
In what instances can we use the second party as the abbreviated case name for a citation?
Rule 11.3.2. The abbreviated case name is commonly the first party name, unless the second more clearly identifies the case, such as when the first party name is a government reference such as “People” or “Republic.” Whenever using the abbreviation, italicize the short form.
How do we cite nonconsecutive but repetitive references to a case??
Rule 11.3.3. In case of nonconsecutive but repetitive references to a case, one may use the short form < abbreviated case name >, < reporter volume > < reporter abbreviation > at < specific page reference >, omitting other information that would be repeated. Use this short form only when the subsequent reference is on the same page or roughly within five footnotes of the full citation, and the name is unambiguous.
How do we cite a case that has been referred to throughout an article or if its name is exceptionally long?
May the paenthetical “hereinafter” be used in the body-text?
Rule 11.3.4. When a case is referred to throughout an article or the name is exceptionally long, one may also use to use a parenthetical “[hereinafter “< name >”]” and use this in place of the full reference in succeeding footnotes. Cite the whole reporter information, but remove the docket number and date of promulgation. Afterwards, apply Rule 11.3.2. as needed.
Note that “hereinafter” need not be used in the body of the text when using an abbreviation or short name.
How do we cite the Constitution?
Rule 12.1.1. Use “CONST.” in small caps. Cite specific articles using “art.” with no comma in between “CONST.” and “art.”
Note: must be small caps not all caps! comma is included if there is a parenthetical indicating the year before “art.”
How do we cite a constitution that is no longer in force?
Rule 12.1.2. For a constitution no longer in force, add the year (in parentheses) immediately next to “CONST.” Cite specific articles by adding a comma then citing normally. If the constitution being cited was amended, add “amend.” in parentheses.
Note: must be small caps and not all caps!
How do we cite a foreign constitution?
Rule 12.1.3. For a foreign constitution, precede “CONST.” with the proper country or state abbreviation.
See table of abbreviations for other countries
How do we cite an amendment in a Constitution? (This is often used for the US Constitution)
Rule 12.1.4. For an amendment, use “amend.” instead of “art.” This is generally used for references to the United States Constitution.
Note the difference with how we cite amended 1935 PH Constitution vs. an amendment to the US Constitution
How do we cite statutory codes?
Rule 12.2.1. When referring to a code, use the appropriate abbreviation in small caps; the list of abbreviations is in Table 8.1.
If the code is not listed in the said table, apply the common abbreviations, omitting articles and prepositions such as “the” and “of”.
If there is no abbreviation, retain the full name but still use small caps.
What is the practice when citing for the first time the code?
Rule 12.2.2. A comment indicating the actual law the first time the code is cited in the work may be added.
When do we reference the year to a code?
Rule 12.2.3. For codes, references to the year need not be included, except when the cited code is one that has already been superseded or repealed.
What is the rule when we cite codes written in Spanish?
G.R. Use the English translation of the Code
XPN: When there is. a conflict and the Spanish original has been held to be controlling.
Rule 12.2.4. Codes written in Spanish often have an official or commonly-used English translation.
When reference is to the English translation, apply the abbreviations in Table 8.1.
When reference is to the Spanish original, cite the actual name of the code and apply Rule 12.2.1.
As a general rule, use the English translation unless there is a conflict and the Spanish original has been held to be controlling.
How do we cite special laws (not codified)?
Rule 12.3.1. If the law is not a code, use < law form > (< year of effectivity >), < reference >. The common abbreviations of law forms are in Table 8.2.
Rule 12.3.2. A comment indicating the law’s short name the first time it is cited may be added. It is permissible to use these short forms in the text of articles.
Do we use abbreviations when citing constitutional legislative materials?
Rule 12.4.1. Use abbreviations when citing constitutional legislative materials. The common abbreviations of legislative materials are in Table 8.3.
How do we cite the Record or Journal of the Constitutional Commission?
Rule 12.4.2. To cite the Record or Journal of the Constitutional Commission, use the form: < volume > < reference > < refernece number >, < page cited > (< date >).
What is the format for citing a Senate or House Bill?
Rule 12.4.3. To cite a Senate or House Bill, use the form:
< reference >, < congress >, < session >, < section cited > (< year >).
You may indicate the short name and the author or the short name with a comment.
What is. the format for citing a House or Senate Resolution?
Rule 12.4.4. To cite House or Senate Resolutions, use the form:
< reference >, < congress >, < session >, < session cited > (< year >).
The short name of the Resolution may be indicated with a comment.
How do we cite Committee Reports?
Rule 12.4.5. To cite Committee Reports, use the form:
< reference >, < congress > < session > (< year >).
Indicate the name of the committee/s.
How do we cite Bicameral Committee Reports?
Rule 12.4.6. To cite Bicameral Committee Reports, use the form:
< committee name >, Bicameral Conerence Committee Report on < subject >, < congress > (< year >).
How do we cite Congressional Journals?
Rule 12.4.7. To cite Congressional Journals, use the form:
< reference >, < Congress >, < Session >, < page/s cited > (< date >).
How do we cite Congressional Records?
Rule 12.4.7. To cite Congrsessional Records, use the form:
< volumte > < congress > Cong. Record < reference number >, < page cited > (< date >).
How do we cite executive issuances or administrative regulations?
Rule 12.5.1. In general, cite an executive issuance or administrative regulation as one would a regular statute.
See Table 8.4 for common abbreviations of executive and administrative issuances.
Cite the issuing agency’s name in full instead of its common abbreviation, unless one introduces subsequent references in parentheses. Do not omit the date even if evident from the regulation’s serial number.
How do we cite Executive Orders, Proclamations, Administrative Orders, Letter of Instructions and General Orders by the President?
Rule 12.5.2. For Executive Orders, Proclamations, Administrative Orders, Letter of Instructions and General Orders issued by the President, this format may be used:
< type of issuance > < number > (< year >).
The short name may be indicated with a comment.
How do we cite opinions of executive offices?
Rule 12.5.3. For Opinions of executive offices, cite using this form:
< Issuing person or agency > Op. No. < opinion number > (< date >).
How do we cite Implementing Rules and Regulations?
Rule 12.5.4. For Implementing Rules and Reulations, use the form:
< type of issuance > < number > Rules & Regs. (< year >).
If the law subject of the IRR is one of those enumerated under Table 8.1. (e.g., Securities Regulations Code), use such abbreviation in place of spelling out the law’s full formal name.
How do we cite provincial, city and municipal ordinances?
Rule 12.6.1. To cite provincial, city and municipal ordinances, use the form:
< LGU name > Ordinance No. < serial number of ordinance >, (< date of adoption >).
The short name of the ordinance may be indicate with a comment.
How do we cite the legislative acts of autonomous regions?
Rule 12.6.2. To cite legislative acts of autonomous region—presently, only the Bangsamoro Region in Muslim Mindanao—use the form:
< abbreviation of the autonomous region >< type of act > No. < serial number of act > (< date of adoption >).
The short name of the act may be indicated with a comment.
How do we cite the Rules of Court?
Rule 12.7.1. Although not a statute, the Rules of Court are cited in the same way a codified law is, except one use “Rule” instead of “art.” Use the format:
(in small caps) RULES OF COURT, Rule < number >.
Note that “Rule” is capitalized.
Note: RULES OF COURT must be small caps and not all caps!!
What is the proper way to cite Rules of Court which are no longer in force?
Rule 12.7.2. To refer to rules no longer in force, enclose the year in parentheses after “RULES OF COURT”.
How do we cite reglementary issuances of the Supreme Court such as the Rules on the Writ of Amparo?
Rule 12.7.3. For reglementary issuances of the Supreme Court (e.g., Rules on the Writ of Amparo), refer to Table 10.
If no prescribed form therein applies, apply the rules on legislative materials.
How do we cite conventions and multilateral treaties?
Rule 12.8.1. For conventions and multilateral treaties, use the form
< name of agreement > < cited article >, < date of signing >, < reporter citation or link to document >.
The date of entry into force or ratification in a comment may be added after the citation. One may also opt to use a short name for the convention or treaty for the sake of convenience.
How do we cite bilateral treaties?
Rule 12.8.2. For bilateral treaties, add the two countries’ abbreviations and connect these with a dash, using the form
< name of agreement > < cited article >, < date of signing >, < abbreviate names of parties to the aggrement >, < reporter citation or link to document >.
See Table 4 for a list of abbreviations of countries.
Wha is the rule when citing consecutive footnotes for constitutions, statutes, and treaties?
Rule 12.9.1. Do not use id. or supra. as short forms for constitutions or statutes, including treaties.
For consecutive footnotes, you may use the section or article reference alone after the first, omitting the reference to the statute, but including references to the article, rule or the like, under which the section or article falls.
Note that because United States law is primarily citd using codified versions, Philippine statute citations are relatively shorter.
What is the rule when citing nonconsecutive footnotes for constitutions, statutes, and treaties?
Rule 12.9.2. For nonconsecutive footnotes referring to a statute after the first reference, it is permissible to use section or article references alone if the reference is on the same page or within roughly five footnotes of the full citation.
However, if this short form appears confusing, especially because of section references to other sources, use the statute or bill reference with the section or article reference, and omit the other data.
May a short name be used in cases of nonconsecutive citations for constitutions, statutes, and treaties?
Rule 12.9.3. One may opt to use a short name, indicated by a parenthetical “[hereinafter “< name >”]” before the section reference in the first full statute refrence.
Use the same short forms, but use the indicated short name in place of the statute or bill reference in subsequent citations.
What is the rule when using a comment to introduce a statute’s short name?
Rule 12.9.4. When using a comment to introduce a statute’s short name, the following forms are permissible and ordered according to preference:
(1) simply indicating the title after the citation;
(2) attaching a descriptive phrase;
(3) adding a descriptive sentence.
As far as practicable, apply the first option.
How do we cite newspapers and daily publications?
Rule 13.4.1. For newspapers and daily publications, use the form
< author >, < title of article >, < in small caps NEWSPAPER/PUBLICATION ABBREVIATION >, < date >, at < specific page number >.
Furthermore, when citing foreign publications which feature state or city names in its name, abbreviate such state or city name using the corresponding abbreviations found in the BLUEBOOK.
How do we cite an article uploaded on a website?
Rule 13.4.2. If the citation refers to an article uploaded on the publication’s website, replace the page reference herein with an “at” attaching thereto the URL of the specific article cited.
What is the proper of citing opinion columns and other running pieces?
Rule 13.4.3. For opinion columns and other running pieces, add the title of the column before the title of the article, but separate these using a colon instead of a comma.
How do we cite articles with no identified authors?
Rule 13.4.4. For articles with no identified author/s, cite them directly starting with the title.
However, if the article designates the publication itself as the author, use such publication’s name as the author for purposes of citation.
How do we cite documents formally catalogued (e.g. UN Documents)?
Rule 13.5.1. […] If referring to a document that is formally catalogued such as United Nations Documents, use the form
< author >, < title >, at < specific page number or equivalent pinpoint citation >, < reference number > (< date >).
How do we cite documents which are not properly catalogued (e.g. unpublished papers, theses, manuscripts, etc.)?
Rule 13.5.2. Otherwise, use the simpler form
< author >, < title >, at < specific page number > (< date >),
but one is advised to note where the document is located.
This is often used for unpublished papers. For academic works such as theses, however, specify the institution and relevant degree.
For a soon-to-be-published work, cite it as you would a normal published work, but include a parenthetical at the end with the word “forthcoming,” indicating as well the expected year of release.
How do we cite working papers?
Rule 13.5.3. For working papers, indicate the name of the sponsoring organization, the working paper designation and number, as well as the year. Use the following format:
< author >, < title >, < page cited > (< sponsoring organization >, < designation and number >, < year >).
How do we cite letters, interviews, and speeches?
Rule 13.5.4. Use the same form of letters, interviews, speeches, and the like, but prefix them with descriptive phrases such as “Letter from… to”, “Interview with”, “E-mail from, and “Speech delivered”. When applicable, specify the venue or the occasion.
How do we cite Internet sources?
Rule 13.6.1. Cite Internet sources the same way one would similar conventional sources (for example, online version of books are cited using small caps), but add a comma and then
“at < URL >.” if the source is found exclusively on the Internet, or
“available at < URL >.” if the srouce is an Internet copy of a conventional source.
The URL citation may replace a reporter citation, or may be cited in addition to a conventional citation.
How do we cite an Internet source if it is undated?
Rule 13.6.2. If an Internet source is undated, add the last date the website was updated or modified in parentheses. If this information is not available, indicate when the website was last checked.
How do we cite a web page that has no equivalent conventional sources?
Rule 13.6.3. If a web page has no equivalent conventional source, it is easily cited using
< title of page >, < WEBSITE NAME >, at < URL >.
The title of the page is italicized. The name of the website is set in small caps.
How do we cite American or other foreign case decisions?
Rule 14.1. For American and other foreign decisions, use the citation form:
< last name of first party > v. < last name of first opposing party >, < reporter volume > < reporter abbreviation > < first page of decision in reporter >, < specific page number in reporter >, (< year of decision >).
There is no need to specify the docket number unless the case is recent and has not yet been published.
How do we cite American or foreign lower court rulings?
Rule 14.2. Lower court rulings commonly specify the court before the year.
What. isthe reference for old American reporters?
Rule 14.3. Refer to the BLUEBOOK for other forms such as those specifying old American reporters.
Consider these optional, however, and avoid using multiple reporters and lengthening the citation by noting, for example, how certiorari was denied. Such detail is of lesser use to non-American readers.
Rule 14.4. When a reporter citation form already uses the year. asthe volume number, omit the year from the citation. If the full date is necessary, merely omit the year.
How do we cite case decisions by international courts and tribunals?
Rule 14.5. For international decisions and arbitrations, omit prefixes such as “Case Concerning.” Add a parenthetical
”(< country abbreviation > v. < country abbreviation >)”
after the case name, unless the decision is an advisory opinion.
For cases decided by the International Court. of Justice, use the form:
< case title >, < abbreviated party names >, < stage >, < reporter citation >, < pinpoint citation > (< date without year >).
For cases decided by other tribunals, replace the date with
”(< abbreviated name of tribunal > < year if published, full date if not published >).”
How do we cite films?
Rule 15.1. When citing films, use the following form:
< in small caps MOVIE TITLE > (< production company > < year >).
How do we cite TV Programs?
Rule 15.2. When citing TV Programs, use the following form:
< TV Show Name >:< Episode Name > (< broadcast company > < date of air >).
How do we cite an album record?
Rule 16.1. To cite an album or record, use the following form:
< in small caps ARTIST >, < in small caps ALBUM/RECORD TITLE > (< name of recording company > < date of release >).
How do we cite a specific song?
Rule 16.2. To cite a specific song, use the following form:
< in small caps ARTIST >, < song title >, on < in small caps ALBUM/RECORD TITLE> (< name of recording company > < date of release >).
How do we cite Facebook posts?
Rule 17.1. For Facebook posts, use the following form: < Name of Facebook page >, < title of post >, in small caps FACEBOOK (< date of posting> ), at < URL >.
How do we cite Twitter posts?
Rule 17.2. For Twitter posts, use the following form:
< Name of Twitter account > (< Twitter handle >), in small caps TWITTER (< date of posting >, < time of posting >), at < URL >.
How do we cite podcasts?
RULE 18.1. For podcasts, use the following form:
< title >, < in small caps ORGANIZATION > (< date >), at < URL >.
If it is not accessible through a URL, insert a parenthetical indicating how it can be accessed.
