Part II Citation: Citation of Primary Resources Flashcards

1
Q

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.

A

(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

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2
Q

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.

A

(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)

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3
Q

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.

A

“People of the Philippines” is abbreviated to “People,” “Republic of the Philippines” is shortened to
“Republic”; not to be

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4
Q

For natural persons, use __ in party names. However, when the name is __ where names begin with the last name, cite the name in full.

A

last names only and omit titles, prefixes, and suffixes; Islamic, entirely in Mandarin or in another Oriental language

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5
Q

As to __ names, the general rule in Rule 11.1.1 should be followed.

A

Western or modern Oriental

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6
Q

Cite compound names in __.

A

full

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7
Q

When there are multiple co-parties, refer only to the __ on each side. Do not use __.

A

first; “et al.”

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8
Q

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.

A

the case title of the first; docket number

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9
Q

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 __.

A

private juridical persons and tribunals or bodies as parties; Spell; part of a juridical person’s name.

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10
Q

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 __.

A

unions, local chapters, and affiliates; federations or labor centers; en dash

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11
Q

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.

A

“Province of”, “City

of”, or “Municipality of”; complete name

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12
Q

For cases that begin with procedural terms, use the italicized prefix __ and the ___ of the person concerned or the subject of the decision.

A

“In re”; last name

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13
Q

Administrative cases beginning with “Re:” should be rendered __. Omit other subject matters of the case after the first. Indicate the __ and omit__ references.

A

In re ; relevant court branches; geographical

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14
Q

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 __.

A

Philippine Reports (“Phil.”); Supreme Court Reports Annotated (“SCRA”); Official Gazette (“O.G.”)

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15
Q

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.

A

reference to

a specific

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16
Q

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.)

A

general citation

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17
Q

When the reporter citation is unavailable, omit it and rely on the __.
This is used for very recent and still unpublished decisions.

A

docket number and full date.

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18
Q

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

A

“at”; source

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19
Q

.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.

A

“(name, J., description )” or “(name, C.J., description

)”

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20
Q

If the case is reported as ex parte ___, omit the first name.
“Ex parte” is italicized.

A

first name party, last name party

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21
Q

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.

A

“ex rel.”; ex rel.

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22
Q

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

A

adversary: nonadversary

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23
Q

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.

A

case title, full docket number, court or body rendering the decision, date of promulgation;

branch and area

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24
Q

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.

A

spell

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25
Q

“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.

A

“supra”; two

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26
Q

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.

A

first party

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27
Q

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.

A

abbreviated case name, reporter volume, reporter abbreviation, at specific page reference

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28
Q

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

A

“[hereinafter “name”]”; reporter; docket number and

date of promulgation

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29
Q

Use “CONST.” in __. Cite specific articles using “art.” with no comma in between “CONST.” and “art.”

A

small caps

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30
Q

For a constitution no longer in force, add the year __immediately next to “CONST.”
Cite specific articles by adding a comma then citing normally.

A

(in parentheses)

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31
Q

For a foreign constitution, precede “CONST.” with the __ abbreviation.

A

proper country or state

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32
Q

For an amendment, use __instead of “art.” This is generally used for references to the
United States Constitution.

A

“amend.”

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33
Q

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.

A

small caps; articles and prepositions

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34
Q

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.

A

comment; actual law

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35
Q

For codes, reference to the year need (be/not be) included, except when the cited code is one that has
already been superseded or repealed.

A

not be

36
Q

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 __ and apply Rule 12.2.1. As a general rule, use the __ unless there is a conflict and the Spanish original has been held to be controlling

A

actual name of the code; English translation

37
Q

If the law is not a code, use __. The common abbreviations of law forms are in Table 8.2.

A

law form, year of effectivity, reference

38
Q

Use abbreviations when citing __ materials. The common abbreviations of legislative materials are in Table 8.3.

A

constitutional legislative

39
Q

To cite the Record or Journal of the Constitutional Commission, use the form __.

A

volume, reference number, reference number, date

40
Q

To cite a Senate or House Bill, use the form __. For
section references, place these after the session number. You may indicate the short name and the
author or the short name with a comment.

A

reference, congress, session, year

41
Q

To cite House or Senate Resolutions, use the form __.
For section references, place these after the session number. You may indicate the short name of
the Resolution with a comment.

A

reference, congress, session year,

42
Q

Cite Committee Reports by using the form __. Indicate

the name of the committee/s.

A

reference, congress, session, year

43
Q

To refer to Congressional Journals, cite using this form: __.

A

reference, congress, session, date

44
Q

In general, cite an executive issuance or administrative regulation as __. See Table 8.4 for common abbreviations of executive and administrative issuances. Cite the issuing agency’s name in __ instead of its common abbreviation, unless one introduces
subsequent references using __. Do not omit the date even if evident from the
regulation’s serial number.

A

one would a regular statute; full; “hereinafter.”

45
Q

For Executive Orders, Proclamations, Administrative Orders, Letter of Instructions and General
Orders issued by the President, this format may be uniformly used: __.
You may indicate the short name with a comment

A

reference, number, year (plus short name with comment if necessary)

46
Q

For Opinions of executive offices, cite using this form:

A

type of opinion, number, date

47
Q

To cite provincial, city and municipal ordinances, use the form: __. You may indicate the short name of the ordinance, if any

A

provincial, city, municipality, type of issuance, no., serial no., date of adoption

48
Q

To cite legislative acts of the autonomous regions—presently, only the Autonomous Region in
Muslim Mindanao—use the form __. You may indicate the short name of the ordinance,
if any.

A

abbreviation of autonomous region, type of act, No., serial number, date of adoption
,

49
Q

Although not a statute, the Rules of Court are cited in the same way a codified law is, except one
uses “Rule” instead of “art.” Use __. Note that “Rule” is
capitalized

A

RULES OF COURT, Rule

50
Q

To refer to rules no longer in force, enclose the __ after “RULES OF COURT”

A

year in parentheses

51
Q

For reglementary issuances of the Supreme Court (e.g. Rules on the Writ of Amparo), refer to
Table 9. If no prescribed form under Table 9 applies, apply the rules on __.

A

legislative materials

52
Q

For conventions and multilateral treaties, use the form __. One may add the date of entry into force or ratification in a comment after the citation.

A

name of agreement, cited article, date of signing, reporter citation or link to the document,

53
Q

For bilateral treaties, add the two countries’ abbreviations and connect these with a dash, using the form __. See Table 4 for a list of abbreviations of countries.

A

name of agreement, cited article, date of signing, abbreviated names of parties to agreement, reporter citation or document

54
Q

Do not use __ as short forms for constitutions or statutes, including treaties. For consecutive footnotes, you may use the __ 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 cited using codified versions, Philippine statute citations are relatively shorter.

A

id. or supra; section or article reference

55
Q

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 __
footnotes of the full citation. However, if this short form appears confusing, especially because of section references to other sources, use the __ with the section or article reference, and omit the other data

A

five; statute or bill reference

56
Q

One may opt to use a short name, indicated by a parenthetical __ before
the section reference in the first fill statute reference. Use the same short forms, but use the indicated short name in place of the statute or bill reference.

A

“[hereinafter “”]”

57
Q

When using a comment to introduce a statute’s short name, the following forms are permissible and ordered according to preference: __. As far as practicable, apply the first option.

A

(1) simply indicating the title after the citation; (2) attaching a descriptive phrase; (3) adding a descriptive sentence

58
Q

Books, pamphlets, formal reports, and other nonperiodical materials of substantial length are
distinguished from other sources by setting their titles and authors in small caps. Use the form
__. The volume number
may either be in roman or Hindu-Arabic numerals, depending on how the work used the same,
while the author’s name must follow Rule 2.1. There is no __ between the title of the work and the page number, but there should be a comma if instead of a page number, reference is made to a subdivision (see example in Rule 13.2.2)

A

volume number, author, title, page no., year published; comma

59
Q

If an author is credited with the work but wrote it on behalf of an institution, specify this institution after the author’s name (i.e. __ etc.); otherwise, specify the institution as the author. If a work is part of a series,
include the series number as part of the title.

A

name of author, name of institution, title of work

60
Q

If a source has multiple editions, specify the edition by adding the notation __
with the year, using no comma.

A

“ed.” in parentheses

61
Q

If a source has an editor, editors, or a translator, specify these with the notation__, respectively, followed by a comma.

A

“ed.”, “eds.”, and

“trans.”

62
Q

When referring to a copy with different pagination such as a later publication by another publisher,
specify the __ in another parenthetical __ as follows

A

edition or publisher information; before the year

63
Q

When referring to a short work in a collection, use the form __. Set the name of the collection in small caps, but if the collection features the work of only one author, format his name in small caps as well. In exceptional cases where books are compiled in a collection, format both the author’s name and the title in small caps. One may specify the publisher of the compilation if it helps identify the
collection.

A

author, title, in title of collection, page number, year published

64
Q

Academic journals are among the most commonly-cited secondary sources in academic writing. Use the form __.

A

author, title of article in italics, volume number, Journal abbreviation in small caps, first page of article, specific page number if applicable, year published

65
Q

Note that only the journal abbreviation is in __. These abbreviations need not be memorized, and are created using standard geographic and commonly-used abbreviations. Thus, for example, the Philippine Law Journal is “PHIL. L.J.” Only a number of institutions enjoy special
abbreviations such as Harvard (“HARV.”) and Columbia (“COLUM.”). See Table 6 for abbreviations of foreign and local journals

A

small caps

66
Q

When the journal uses the year as its __, omit the year in parentheses.

A

volume number

67
Q

When the article is prefixed by a description such as “Note”, “Comment”, or “Essay”, place this
__ but do not italicize.

A

before the title

68
Q

Magazines and ordinary periodicals differ in that they are commonly referred to by date and not
by volume number. Use the form __.

A

author, title in italics, periodical title in small caps, dates at first page of article, specific page number

69
Q

The title of the article is __ The title of the publication is set in __.

A

italicized; small caps

70
Q

For newspapers and daily publications, use the form __. If the newspaper’s title does not reveal its
country of publication, specify this in parentheses. For example, “TODAY (PHIL.).

A

author, title in italics, newspaper abbreviation, date at specific page number

71
Q

For opinion columns and other running pieces, add the title of the column __ the title of the
article, but separate these using a __ instead of a comma.

A

before; colon

72
Q

For miscellaneous sources, if referring to a document that is
formally catalogued such as United Nations Documents, use the form __.

A

author, title, at specific page number equivalent pinpoint citation, reference number, date

73
Q

For miscellaneous sources, otherwise (Rule 13.5.1), use the simpler form __, 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

A

author, title, at specific page number, date

74
Q

Use the same form for letters, interviews, speeches, and the like, but prefix them with descriptive
phrases such as __. When applicable,
specify the __.

A

“Letter from… to”, “Interview with” and “Speech delivered”; venue or the occasion

75
Q

Cite Internet sources the same way one would similar conventional sources (for example, online versions of books are cited using small caps), but add a __ and then __ if the source is found exclusively on the Internet, or __ if the source 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.

A

comma; “at ”; “available at ”

76
Q

If an Internet source is undated, add the last date the website was __ in parenthesis. If this information is not available, indicate when the website was last checked.

A

updated or modified

77
Q

If a web page has no equivalent conventional source, it is easily cited using __.

A

author, title page in italics, at url

78
Q

The title of the page or the article cited is __. The name of the website is set in __.

A

italicized; small caps

79
Q

If the website is an official website, its name may be cited as __ website

A

organization

80
Q

The following rules control for the foreign materials they specifically govern. When the foreign
material is not covered by the following rules but can be cited following the above rules, the latter
apply. Otherwise, the __ applies

A

Bluebook

81
Q

Because even electronic copies of American and other foreign decisions follow reporter citations,
simply use the form __. There is no need to specify the docket number unless the case is recent and has not yet been published

A

last name of first party v. last name of of opposing party, reporter volume, reporter abbreviation, first page of decision in reported specific page number of reporter, year of decision

82
Q

Lower court rulings commonly specify the __ before the year.

A

court

83
Q

Refer to the __ 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.

A

BLUEBOOK

84
Q

When a reporter citation form already uses the year as the volume number, __ from the citation. If the full date is necessary, merely omit the __.

A

omit the year; year

85
Q

For international decisions and arbitrations, omit prefixes such as “Case Concerning.” Add a parenthetical __ after the case name, unless the decision is an advisory opinion. For cases decided by the International Court of Justice, use
generally the form __. For cases decided by other tribunals, replace the date with __. Note that the full date is specified in these citations and, unlike domestic decisions, is enclosed in parentheses

A

(country abbrev. v. country abbrev.);

(case title, parties, stage, reporter citation pinpoint citation, date without the year)

(abbreviated name of tribunal, year if published, full date, if not published)