Part II Citation: Citation of Primary Resources Flashcards
Generally, cite cases by using the form ___. When used in the body, italicize the __
of the case and place the source or citation as a footnote.
(last name of first party v. last name of opposing party), (reporter volume), (reporter abbreviation), (first page of decision in reporter), (year of promulgation); title
When the case is reported in an unofficial reporter, i.e. a secondary source, use the form __. When the case is unreported, follow the preceding sentence and
simply omit the reporter information.
(last name of of first party v. last name of opposing party), (docker number), (reporter volume), (reporter abbreviation), (first page of decision in specific page number), (specific page no. of reporter), (year of promulgation)
Use the abbreviations or acronyms by which public parties are commonly known such as __. 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 (to be/not to be) abbreviated into “U.S.” when used in court decisions.
“People of the Philippines” is abbreviated to “People,” “Republic of the Philippines” is shortened to
“Republic”; not to be
For natural persons, use __ in party names. However, when the name is __ where names begin with the last name, cite the name in full.
last names only and omit titles, prefixes, and suffixes; Islamic, entirely in Mandarin or in another Oriental language
As to __ names, the general rule in Rule 11.1.1 should be followed.
Western or modern Oriental
Cite compound names in __.
full
When there are multiple co-parties, refer only to the __ on each side. Do not use __.
first; “et al.”
If two or more actions are consolidated in one decision, cite only __ listed. The same goes for the __ only that of the first case is used.
the case title of the first; docket number
For __, cite the name in full, but apply common abbreviations whenever applicable. __ out acronyms, unless they form part of the actual name. (Do/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 __.
private juridical persons and tribunals or bodies as parties; Spell; part of a juridical person’s name.
For labor organizations, only the names of the independent ___
need to be spelled out. The names of ___ may be abbreviated using their
widely accepted initialisms. Separate the name of the affiliate or local chapter from the federation
using an __.
unions, local chapters, and affiliates; federations or labor centers; en dash
For local government units, indicate the type of unit using prefixes such as ___. When particular government entities are named, use the __, but apply common abbreviations.
“Province of”, “City
of”, or “Municipality of”; complete name
For cases that begin with procedural terms, use the italicized prefix __ and the ___ of the person concerned or the subject of the decision.
“In re”; last name
Administrative cases beginning with “Re:” should be rendered __. Omit other subject matters of the case after the first. Indicate the __ and omit__ references.
In re ; relevant court branches; geographical
Old Philippine Supreme Court cases are commonly reported in the __, and
more recent ones are found in the __. In case an author
uses a less commonly-used reporter (e.g. the recent volumes of the Philippine Reports), it is
recommended that one replace the reference or add the reference to the commonly-used reporter.
If necessary, one may also refer to the __.
Philippine Reports (“Phil.”); Supreme Court Reports Annotated (“SCRA”); Official Gazette (“O.G.”)
When the case is being cited in general and no particular page is referred to, omit the ____ page. If, however, the first page is referred to, do not omit the reference.
reference to
a specific
The convention is to footnote the first instance of a case name with a __ to the case,
then footnote succeeding points with specific references. (Note that case names are italicized in
text, but not in citations.)
general citation
When the reporter citation is unavailable, omit it and rely on the __.
This is used for very recent and still unpublished decisions.
docket number and full date.
When referring to copies of decisions initially released by the Court instead of copies printed in
reporters, use __ after the date to refer to specific pages. Add a description of the __ the
first time it is cited. Note that because of the limited availability of such copies, such page citations
will rarely be useful
“at”; source
.When referring to a separate opinion, add ___ 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.
“(name, J., description )” or “(name, C.J., description
)”
If the case is reported as ex parte ___, omit the first name.
“Ex parte” is italicized.
first name party, last name party
Abbreviate “on the relation of”, “for the use of”, “on behalf of”, “as next friend of”, and similar expressions to __. Use the form __. This abbreviation is italicized.
“ex rel.”; ex rel.
In special proceedings where the case contains both an adversary (i.e. v. ) and a
non-adversary name (i.e. In re ), cite the ___ name first, followed by the __
name in parentheses. Use the appropriate procedural phrase in Rules 11.1.20 – 21 for the
nonadversary name
adversary: nonadversary
Cite other Philippine cases and administrative decisions by using the form ___. 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 __ after the name of the court.
case title, full docket number, court or body rendering the decision, date of promulgation;
branch and area
Except for the commonly-used abbreviations of judicial and quasi-judicial bodies in Table 9, (do not spell/spell) out the deciding body’s name.
spell
“Id.” may be used with cases, but never ___. Use “Id.” only when the repeated citation is within
__ footnotes. Considering the length of Philippine case citations, it cannot be emphasized enough
that ignoring this rule leads to embarrassingly grotesque formats.
“supra”; two
The abbreviated case name is commonly the __ 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.
first party
In case of nonconsecutive but repetitive references to a case, one may use the short form
___, 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.
abbreviated case name, reporter volume, reporter abbreviation, at specific page reference
When a case is referred to throughout an article or the name is exceptionally long, one may also
use to use a parenthetical ___ and use this in place of the full reference in succeeding footnotes. Cite the whole ___ information, but remove the __. Afterwards, apply Rule 11.3.2. as needed
“[hereinafter “name”]”; reporter; docket number and
date of promulgation
Use “CONST.” in __. Cite specific articles using “art.” with no comma in between “CONST.” and “art.”
small caps
For a constitution no longer in force, add the year __immediately next to “CONST.”
Cite specific articles by adding a comma then citing normally.
(in parentheses)
For a foreign constitution, precede “CONST.” with the __ abbreviation.
proper country or state
For an amendment, use __instead of “art.” This is generally used for references to the
United States Constitution.
“amend.”
When referring to a code, use the appropriate abbreviation in __; the list of abbreviations
is in Table 8.1. If the code is not listed in the said table, apply the common abbreviations, omitting
__ such as “the” and “of”. If there is no abbreviation, retain the full name
but still use small caps.
small caps; articles and prepositions
Because Philippine codification is not as organized as the United States Code, you may opt to add
a __ indicating the __ the first time the code is cited in the work.
comment; actual law